Wills, Trust & Probate
A Lasting Power of Attorney (LPA) is a legal document that appoints a trusted relative, friend or professional (known as an attorney) to help manage your financial affairs and/or make decisions about your health and welfare.
A Lasting Power of Attorney (LPA) is a legal document that appoints a trusted relative, friend or professional (known as an attorney) to help manage your financial affairs and/or make decisions about your health and welfare. There are two types of Lasting Powers of Attorney:
A Health and Welfare LPA enables you to choose the person(s) you would like to make personal decisions on your behalf, this includes;
The Property and financial Affairs Lasting Power of Attorney lets you choose one or more people to make property and financial affairs decisions for you. This could include
If you become mentally incapable before making a Lasting Power of Attorney, it will become necessary for your relative, friend or solicitor to liaise with the Court of Protection to obtain a deputyship and this can be a drawn out and expensive procedure.
Without an LPA in place and you loose capacity the below could arise
No! This is similar to someone having lost their mental capacity. If someone is lacking in mental capacity, they can’t make a valid decision to appoint you as attorney. In this case, you’ll have to apply to the court to be appointed as their deputy.
Yes. You can end or change your LPA at any time even if it’s been registered, as long as you still have mental capacity. You can also raise a complaint if you have concerns about your attorney, for example they’re not carrying out their responsibilities properly. An LPA does not allow someone to draft a Will on your behalf or to make changes to your Will
Although you can create and submit a lasting power of attorney document yourself, it’s often better to have a lasting power of attorney solicitor do the work for you. Our experts provide a comprehensive, personal service and are highly-qualified to give you and your family the very best advice.