Lasting Power of Attorney advice – what you need to know
No-one likes to imagine a time when they cannot manage their own affairs. But this could happen to you. If it does, you will need someone you trust with a legal Power of Attorney to make decisions on your behalf. Or you may need to make those decisions on behalf of someone else.
It is important to plan for this.
Appointing someone you trust now to make decisions in case you become incapable of making them yourself means you will have a say in the practical and legal issues affecting you in the future. Power of Attorney legal advice will ensure you take the necessary steps to help your attorney in obtaining Power of Attorney and take over when it becomes necessary.
Why talk to Power of Attorney solicitors?
Lasting Power of Attorney (LPA) gives someone you choose (the attorney) the authority to make decisions on your behalf at a time in the future when you no longer wish to, or you lack the mental capacity to do so.
Obtaining Power of Attorney requires a legal document known as a Lasting Power of Attorney. Power of attorney solicitors can ensure your LPA contains carefully worded restrictions, conditions and guidance to make your instructions clear to your attorney and other relevant parties.
A solicitor can also help you choose who you want to be notified when your attorney applies to register the LPA.
If you would like to talk to us about Lasting Power of Attorney legal advice or obtaining Power of Attorney email Cate Searle or call your local martin searle solicitors’ office on 01273 609911 (Brighton) or 0845 189 0152 (Croydon).
Different types of Lasting Power of Attorney
There are two types of LPA. martin searle solicitors’ power of attorney solicitors will advise which is right for you and help you prepare it.
A property and affairs LPA authorises your attorney to:
- Deal with your bank and manage your financial affairs
- Buy and sell property on your behalf
- Handle your pensions, benefits and taxes
- Manage your income to pay your care costs
- Apply for NHS care funding or to social services for help financing elderly care
A personal welfare LPA authorises your attorney to make decisions about:
- Where you should live
- What sort of care you should have
- Consent or refusal of medical treatment
How does a Lasting Power of Attorney differ to Enduring Powers of Attorney?
The LPA replaced the EPA (also known as Enduring Power of Attorney) in October 2007. The LPA has additional safeguards. If you have an Enduring Power of Attorney created before October 1, 2007, you can still rely on it. However, you may also want to think about making a personal welfare LPA.
Registering Power of Attorney – how we can help
If you need to register or activate a power of attorney for a relative or friend, we can help you understand the process. If they do not have an LPA, we can help you apply to the Court of Protection to be appointed as their deputy. This can be a lengthy and costly procedure which is why it is always better to have a LPA in place. Without a LPA, you will have difficulty dealing with your relative’s financial matters and may have very little say in the care and treatment they receive.
Want to talk to us?
If you would like to talk to us about Lasting Power of Attorney legal advice email Cate Searle or call your local martin searle solicitors’ office on 01273 609911 (Brighton) or 0845 189 0152 (Croydon).
