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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.
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, which provides the legal framework for Lasting Powers of Attorney, 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.
Prior to 2007, donors could nominate an Enduring Power of Attorney, which was limited to financial decisions and property affairs.
Mental capacity refers to a person’s ability to make decisions using reasoning, being able to understand and interpret information being presented to them. You may only nominate a power of attorney while you still maintain your mental capacity, and therefore it is advisable to do it as soon as possible
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, or decision making around health and care.
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.
Without power of attorney, in the event of an incident or illness that means you lose mental capacity to manage your own property and financial affairs, your partner or spouse may have no legal means to access and manage your assets.
Furthermore, if you lose mental capacity to make medical decisions, your family may not automatically be able to make these decisions for you, meaning these could be left to someone who doesn’t know you such as a medical or care professional who is not familiar with your wishes.
Research by the Office of the Public Guardian indicated that 75% of people believe that their next of kin will be able to manage their health, property and financial affairs in the event they cannot. However, the reality is far more complex.
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.
There are two types of Lasting Powers of Attorney in the UK:
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 Property and Financial Affairs Lasting Power of Attorney 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.
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 lasting power of attorney solicitors are here to guide you through the process of putting in place your Health and Welfare LPA.
Your attorney must be 18 or over and have the mental capacity to make their own (and your) decisions. You may choose a relative, friend, spouse/partner, or a trusted professional such as a power of attorney solicitors.
They do not need to live in the UK or be a British citizen, nor do they need to be a legal expert. However, when choosing your attorney, consider how well you know and trust them, whether they will be comfortable and capable of making decisions for you and how confident you are that their decisions will be in your best interests.
You can choose to have more than one attorney if you wish.
You can only determine your Lasting Power of Attorney while you still have mental capacity.
If you become unable through injury or illness to make decisions and do not have an LPA, your family will have to apply to the Court of Protection to ensure that your affairs are secured.
Furthermore, crucial decisions such as where you live, what care you receive and decisions regarding medical treatment may be made for you by people who don’t know you or your wishes.
By establishing Last Power of Attorney, you can be confident decisions will be made by the person or people you trust the most.
We offer fixed-fee arrangements for many services, including Lasting Powers of Attorney and Conveyancing, providing cost certainty. Other services may be billed hourly.
Our 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.
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. While we primarily serve clients in West Lancashire, Merseyside, and Greater Manchester, we can assist with certain legal matters nationwide.
Setting up one of the types of powers of attorney can be done without the other. For instance, you may wish to select a financial affairs LPA but not one for health and care decisions – that’s up to you.
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. You may nominate the same person for both types, or multiple if you prefer.
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.
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.
You will need to decide whether your attorneys will be required to make all decisions jointly, or whether they will be able to act independently in decision-making.
Provided you still have the mental capacity to make decisions, you may choose to remove your attorney.
Once you have revoked this status, you are able to appoint a new attorney of your choosing.
You are not required to use a solicitor for lasting power of attorney.
however, lasting power of attorney is a legal document that may benefit from the assistance of a solicitor, particularly if your property and financial affairs or health and care requirements are, or may become, complex.
A Lasting Power of Attorney solicitor will give you peace of mind that the process is completed in the best way.
As long as you still have mental capacity, your attorney has no power to make decisions on your behalf. This happens only if and when you lose mental capacity, at which your LPA is able to step in.
You are able include legally-binding instructions in your LPA, such as decisions on life-saving treatment, or financial limits. You can also have multiple LPAs, who may be required to make decisions together if you choose, or to ensure a replacement attorney who can act in the event that your first choice is unable to.
Equally, anyone with Last Power of Attorney is legally bound by strict limitations on what they can and can not do.
A Last Power of Attorney and an Enduring Power of Attorney are legal documents which allow a person to select an attorney to have authority over decision-making on their behalf.
However, LPAs were introduced in 2007 following the Mental Capacity Act 2005, replacing the Enduring Power of Attorney. EPAs made prior to this remain valid, and if you have an EPA you do not necessarily need to update it.
Whilst the Enduring Power of Attorney covers only property and financial affairs, an LPA may also cover healthcare decisions. Additionally, the legislation which introduced LPAs brought in further safeguards. An LPA ends at death, meaning your attorney will not be the executer of your will (unless they are nominated in it as such).
If you are unsure if your EPA is still valid, or if you wish to appoint an LPA, seek advice from our expert team.
