Wills and Probate
Lasting Powers of Attorney
A Lasting Power of Attorney is a legal document which allows you to appoint people you trust (your Attorneys) to manage your financial affairs on your behalf.
At some point in the future an individual may suffer some form of physical or mental incapacity which prevents them from effectively managing their own affairs. This could be through an accident, illness, mobility difficulties or simply that they would rather have assistance or leave decisions to a trusted family member or friend.
There are two different types of Lasting Powers of Attorney (LPA)
- Property and Affairs LPAs for decisions about finances, for example in relation to bank accounts, utility companies and property.
- Personal Welfare LPAs for decisions about welfare and health, such as where you live and what care and medical treatment you might receive. At present your next of kin can only be consulted when you are unconscious or mentally impaired. You may wish to have someone other than your next of kin making such decisions or have an Attorney assist with decisions whilst you still have capacity.
LPAs must be registered with the Office of the Public Guardian before they can be used and a suitably qualified person must also give a Certificate to confirm that you understand the LPA that you are creating.
We can prepare the LPA, act as Certificate provider and register the LPA on your behalf. We will explain the whole process to you and advise your nominated Attorneys as to their role. We offer a fixed fee service and our initial appointment with you is free.
If you have an existing Enduring Power of Attorney then this will still be valid.
If someone has already lost the ability to manage their own affairs we can also assist and advise on Deputy applications tot he Court of Protection. The person appointed by the Court may not be the person that you would have wished to handle your finances and welfare. The application costs and ongoing supervision and accounting requirements are also a significant expense. We would always recommend you to create a Lasting Power of Attorney to avoid this.
Frequently Asked Questions
Who can make an LPA?
Anyone over the age of 18 can make an LPA as long as you have the mental capacity to understand the nature of the document. It is often mistakenly thought that LPAs are only put in place in later life. We would however advise that everyone should consider making an LPA in preparation for what may happen in the future.
Who can be an Attorney?
Your Attorney should be somebody you trust implicitly as they will be in control of your finances. It may be advisable to have more than one Attorney who would work together to manage your affairs. If you do not have a family member or friend who you feel comfortable to appoint, you can appoint a professional including a solicitor. At Clark Willis Law Firm we have a number of professional appointments and should you feel that you may require our assistance with this we would be more than happy to act as your professional Attorney.