Powers of Attorney

A Lasting Power of Attorney (LPA) is a legal document that lets you appoint someone you trust to make decisions on your behalf if you become unable to do so. There are two types of LPAs: one for Property and Financial Affairs and one for Health and Welfare. These allow your attorney to manage your financial matters or make decisions about your medical care and personal welfare.

An Ordinary Power of Attorney only gives someone the authority to act on your behalf while you still have the mental capacity to make decisions. In contrast, a Lasting Power of Attorney (LPA) continues to be valid if you lose the capacity to make decisions yourself, providing long-term protection.

Having a Lasting Power of Attorney ensures that your affairs are managed according to your wishes if you lose the ability to make decisions. This gives you control over who will manage your finances or make healthcare decisions on your behalf, and it can ease the burden on your loved ones during stressful times.

Under a Property and Financial Affairs LPA, your attorney can handle paying bills, managing bank accounts, selling property, and other financial matters. A Health and Welfare LPA allows your attorney to make decisions about your healthcare, medical treatments, where you live, and your personal welfare.

To set up a Lasting Power of Attorney (LPA), you need to complete a form and register it with the Office of the Public Guardian. I can guide you through the entire process, ensuring that your LPA is legally sound, properly registered, and tailored to your specific needs.

The cost of creating a Lasting Power of Attorney depends on whether you’re setting up one or both types of LPA (Property and Financial Affairs, or Health and Welfare). There’s also a registration fee with the Office of the Public Guardian. I offer competitive, transparent pricing, so you’ll know the costs upfront. Call me now for a quote.

Yes, you can change or cancel your Lasting Power of Attorney at any time, as long as you still have mental capacity. If your circumstances change or you wish to appoint a different attorney, I can help you update or revoke your LPA.

If you do decide to appoint more than one attorney, you need to decide how you want them to act – either ‘jointly’ or ‘jointly and severally’. Jointly means that all your attorneys have to make decisions together. Jointly and severally means that they can make decisions on their own, without the agreement of the other attorneys. With joint and several appointments, any action taken by any attorney alone is as valid as if they were the only attorney. It is up to your attorneys to choose how they make decisions but they must always act in your best interests.

Most people choose the joint and several option because attorneys can make simple or urgent decisions quickly and easily, without asking your other attorney. In addition, if an attorney can no longer act, the Lasting Power of Attorney will not be cancelled if you’ve appointed them jointly and severally.

You should appoint someone you trust to act in your best interests, as they’ll have significant responsibility. The attorney you choose should be reliable, organised, and willing to follow your wishes. I can provide guidance on selecting the right person for the role.

Yes, a Lasting Power of Attorney (LPA) needs to be registered with the Office of the Public Guardian before it can be used. I can assist you in registering your LPA, ensuring that it’s legally recognised and ready for use when needed.

If you lose mental capacity and don’t have a Lasting Power of Attorney, your family may need to apply to the court for a deputyship to manage your affairs. This can be a more complicated, lengthy, and expensive process, and your family may not have the control or authority that you would have preferred.e when needed.

Yes, you can appoint more than one person as your attorney under a Lasting Power of Attorney. You can choose for them to act jointly (making all decisions together) or jointly and severally (where they can make decisions independently of each other). I can help you decide which arrangement best suits your needs.

Once you complete the forms, it typically takes 8 to 10 weeks for the Office of the Public Guardian to register your Lasting Power of Attorney. I ensure that the process is as smooth and efficient as possible, guiding you every step of the way.