Areas of Practice
Lasting Power of Attorney
LASTING POWER OF ATTORNEY
We are able to provide advice on all aspects of Lasting Power of Attorney (LPA). We can draft the necessary documentation and serve notices where appropriate, provide necessary certification and register the LPA with the Office of the Public Guardian. We can provide advice to donor's or Attorney(s) and will travel to you where you are unable to visit our offices.
Everyone over the age of 18 years of age whom has capacity should consider appointing an Attorney by registering a Lasting Power of Attorney (LPA) with the Office of the Public Guardian.
The creation & registration of a Lasting Power of Attorney (LPA) allows a person to plan in advance decisions you want to be made on your behalf if you lose capacity whether that be temporarily or permanent. An LPA allows for the appointment of one or more attorneys to take decisions on your behalf. The extent of the attorney's power can be restricted and attorney guidance can be incorporated into the LPA.
If you lose capacity and have not got a valid LPA a person wishing to make decisions on your behalf may have to apply to the Court of Protection to be appointed as your attorney. Making applications to the Court of Protection can be far more costly than drafting and registering an LPA. Deputy Applications are time consuming complex and often take many months to conclude in this time loved ones can face difficulties making decisions on your behalf, difficulties accessing your funds to settle any costs you may have incurred along with difficulties managing your day to day affairs.
Having an LPA is considered a safe way of maintaining control of your affairs. This is because an LPA must be registered with the Office of the Public Guardian and Certificate must be provided from a person qualified to do so confirming you understand the significance and terms of the power. In addition attorney(s) must follow the Code of Practice of the Mental Capacity Act 2005. Where any concerns are raised in relation to the attorneys conduct with the Office of the Public Guardian they can take action.
There are two types of Lasting Power of Attorney
- Health and Welfare LPA
- Property and Financial Affairs LPA
Whilst you should consider creating both types of LPA as each type mentioned above does not overlap you may have one or both LPA's.
Health and Welfare LPA allows you to make advance health care decisions about life-sustaining treatment or the refusal of treatment such as Electroconvulsive therapy (ECT). Whilst you cannot delegate decisions regarding Life Sustaining treatments to your attorney you can appoint attorney(s) to make decisions in relation to your routine daily care, decisions in respect of your accommodation which may involve a care home placement and routine medical care.
Property and Financial Affairs LPA allows you to appoint attorney(s) to deal with your Financial and Property affairs subject to your restrictions if you see fit to impose restrictions. For example you attorney(s) could settle bills, sell property and monitor investments in the event you lose capacity for any reason should you so wish.