Lasting Powers of Attorney
In our opinion these may be the most important legal documents that you draw up during your lifetime. By preparing Lasting Powers of Attorney you are deciding who gets to look after you during your lifetime in the event that you are unable to do so, whether this is a temporary state because of illness or accident or a permanent one.
What is an LPA?
It might be that you have an accident or suffer a sudden illness and become temporarily unable to make decisions and need someone to step up for you. Or it might sadly be something more permanent
There are two types of Lasting Power of Attorney; one for Property and Financial Affairs and the other for Health and Care Decisions.
The perception of LPAs
In the absence of a valid LPA, if someone becomes unable to make their own decisions because of a lack of capacity, an application must be made to the Court of Protection for the Court to appoint a Deputy to act.
Lasting Powers of Attorney can be tailored to your individual needs. If you run a business you can draw up a second LPA for Property and Financial Affairs so that the business can stay active if you can’t run it. This second LPA is commonly referred to as a Business LPA.
Find what you need
The Property and Financial Affairs LPA
This LPA allows your attorney to deal with all of your financial affairs just as you can. They can buy and sell property, invest money, set up and cancel direct debits etc. This means that if you are ever unable to manage your finances yourself then your attorney can help you with this from day one.
Health and Care Decisions LPA
The Business LPA will set out who you choose to continue running your business while you incapacitated. This might not always be the same person you appoint to look after you in your personal LPA because you might prefer to appoint someone with specific knowledge and experience to effectively carry out the running of your business.
General Power of Attorney
Sometimes you just need to appoint someone to look after your affairs for a brief time, such as if you are travelling abroad. In this type of situation, we can draw up a General Power of Attorney for you which authorises your chosen attorney to take action on your behalf.
If you need a General Power of Attorney, give us a call and we will give you quote. We usually charge a fixed-fee for these.
Court of Protection
If you have not drawn up a Lasting Power of Attorney and for some reason become unable to manage your own affairs, an application will need to be made to the Court of Protection so that someone can be authorised to act on your behalf.
We can help with this application but would always advise our clients, where possible, to have an LPA in place so that they have assistance from day one if needed. Applications to the Court of Protection are more costly than drawing up an LPA and are often lengthy which can lead to difficulties in the short term.
If you believe you need to make an application to the Court of Protection on behalf of someone else, please give us a call and speak to us as soon as you are able to so that we can advise you as early on as possible.
Registration of Enduring Powers of Attorney
Advising attorneys on their role
We are able to provide advice and guidance to attorneys about the management of the donors affairs.
If you need some help with fulfilling your role as attorney, get in touch with us for a chat about how we can help you.