Private Client, Wills, Probate & Estate Administration

Lasting Power of Attorney Solicitors

Many people have questions with regards to the legal implications of Lasting Powers of Attorney. Our expert legal team are highly proficient at advising clients in Ormskirk, Southport and around the UK on these matters.

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Michael Prendergast Michael Prendergast

Partner, Private Client Department

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    What are Lasting Powers of Attorney?

    Lasting Powers of Attorney are legal documents that empower you to appoint those whom you would want to look after your affairs if you were unable to do so yourself. They were introduced in October 2007 in line with the Mental Capacity Act 2005, and are relevant to those looking to create an appointed attorney to act in their best interests in the event that they can no longer make their own decisions.

    A Lasting Power of Attorney is primarily aimed at covering situations when an individual is deemed to have lost mental capacity and can no longer manage their own property and financial affairs such as health and care decisions and finances.

    Once properly signed and executed, a Lasting Power of Attorney cannot be used until it has been registered with the Office of the Public Guardian.

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    Why are Lasting Powers of Attorney important?

    Without power of attorney, in the event of an incident or illness that means you lose capacity to manage your own affairs, your partner or spouse may have no legal means to access your assets and manage your finances.

    Your family will be in the position of having to apply to the Court of Protection to ensure that any care, insurance, pension payments and/or benefits are secured, so setting up a power of attorney is key.

    We ensure that you are put in touch with an expert Lasting Power of Attorney solicitor so that you and your loved ones’ interests are protected.

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    Types of Lasting Powers of Attorney

    There are two types of Lasting Powers of Attorney in the UK:

    Property and Financial Affairs Lasting Power of Attorney (LPA)

    This type of Lasting Power of Attorney allows those who you would wish to make decisions concerning your property, Estate and other financial matters. Your Financial Affairs LPA will ensure that the designated person will have the ability to manage your property and financial decisions.

    This includes the buying and selling of property, managing any investments that you have, looking after bank accounts, as well as claiming any benefits and pensions on your behalf.

    Health and Welfare Lasting Power of Attorney (LPA)

    A Health and Welfare LPA grants powers to those who you would wish to manage your health and welfare decisions, including making decisions on your behalf in relation to life-sustaining treatment, if you are not able to make such decisions yourself.

    Should you need to have changes made to your care arrangements, consider potential medical treatment, rehabilitation and long-term care and treatment; your attorney will be able to ensure the decisions are made in a timely manner and in your best interests. Our experienced power of attorney solicitors are here to guide you through the process of putting in place your health and welfare Lasting Power of Attorney.

    FAQs

    How do I set up Lasting Powers of Attorney?

    Setting up one of the types of powers of attorney can be done without the other, but our specialist power of attorney solicitors would always recommend that you set up both types of power of attorney to ensure that you are fully covered.

    Our specialist Lasting Power of Attorney solicitors will be able to help you with your legal requirements. We offer a tailored service to ensure you fully understand your Lasting Powers of Attorney and we will guide you through the registration process.

    We have been advising the people of Ormskirk, Skelmersdale, Wigan, Parbold, Burscough, Formby, Southport and throughout Lancashire, Merseyside and nationwide since the introduction of Lasting Powers of Attorney.

    We can offer home visits for all matters, including Lasting Powers of Attorney. We will also store your original Lasting Powers of Attorney, free of charge.

    Who Can Be a Lasting Power of Attorney?

    Anybody over the age of eighteen with sufficient mental capacity can be appointed as a lasting power of attorney. This can include a spouse, civil partner or other family members.

    Can I Have More Than One Attorney?

    Yes, you can have multiple attorneys to act together should you lack mental capacity or become too unwell to make your own decisions regarding your personal welfare.

    How do I move forward with a Lasting Power of Attorney process?

    If you are interested in tailored advice, future planning and information about the services our power of attorney solicitors provide, please feel free to contact our friendly team today. Our expert team will guide you through the entire process of getting an attorney appointed.

    We offer simple and transparent legal advice relating to Lasting Powers of Attorney in Ormskirk, Southport and the wider region.

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