I will handle everything for you over the phone or online from the comfort of your own home.
I will guide you through the process with empathy and care.
Peace of mind
I will handle all of the legal paperwork and ensure everything is sorted.
Areas to consider when setting up a Lasting Power of Attorney
- Choose an attorney who is trustworthy and has the appropriate skills to make decisions on your behalf.
- Choose an attorney who you have an easy relationship and if more than one, who get on with each other well, or who are likely to do so.
- It is advised to appoint more than one attorney to ensure continuity in case another attorney cannot act.
- The people you choose must agree to be your attorney and understand the role they are taking.
I am here to help provide professional advice to prevent problems further down the line.
Top Questions about Lasting Power of Attorneys
A Lasting Power of Attorney (LPA) specifically deals with the appointment of one or more people to manage your affairs if you are unable to do so. If you lose capacity either through an accident or illness such as a stroke or dementia, someone needs to act on your behalf to carry out your personal and financial affairs. If you lose the legal capacity to make decisions for yourself, your bank accounts are frozen (even if it is a joint account)* until someone can be appointed to make decisions for you. This inevitably can cause a lot of distress for friends and family as bills cannot be paid and pensions or benefits cannot be accessed.
The LPA system is administered by the Office of the Public Guardian (OPG), an agency of the Ministry of Justice of the United Kingdom. The OPG was set up in 2007 under the Mental Capacity Act 2005, replacing the similarly-named Public Guardianship Office which had a more limited range of responsibilities.
It is headed by the Public Guardian, whose main role is the protection of people who are vulnerable or may lack mental capacity.The Mental Health Act 2005 provides a statutory framework to empower and protect vulnerable people who are not able to make their own decisions. It makes clear who can take decisions on their behalf, in which situations, and how they should do so. Through the LPA, the Act enables people to plan ahead for a time when they may lose capacity
When thinking about setting up a Power of Attorney, you can set up a Health and Welfare or an Property and Affairs. We recommend creating both below explains what is covered by each type.
Property & Affairs can cover:
- How your finances and property are managed.
- How your bills would be paid if you were unable to do this i.e. diminishing capacity, physical impairment or out of the country for long periods of time.
- How your assets would be dealt with i.e. selling your house to move to residential care.
Health and Welfare can cover:
- To make end of life decisions.
- Giving or refusing consent to particular types of health care, including medical treatment decisions.
- Deciding whether you continue to live in your own home or whether residential care would be more appropriate for you. Gives rights to your appointment Attorneys to deal with dress, diet and care home choices.
There are different types of power of attorney to choose from depending on your current situation.
- Ordinary Power of Attorney – this can be used while you still have mental capacity to cover a temporary period of absence. This could be a hospital stay or holiday, during which time your attorney can act on your behalf.
- Lasting Power of Attorney (LPA) – this can be used for when you lose mental capacity or no longer want to make decisions for yourself. Your attorney will make decisions about your health, care and financial affairs.
- Enduring power of Attorneys – Any EPAs made before this date will still be valid, however these can only be registered once a person lacks capacity. There will be a delay in processing the application, so best practice is to complete a Lasting Power of Attorney whilst you still have capacity. Your Attorney’s can make decisions about your property and financial affairs.
- EPA’s did not cover Health and Welfare matters.
You can fill out the forms alone, but the professional advice of a solicitor will help to prevent problems further down the line.
Usually, there is a fee of £82 to register your LPA with the Office of the Public Guardian. Discounts of 50% are available to those on low income and individuals who receive certain benefits may be eligible to pay nothing at all. If you choose to use a solicitor, fees will vary.
For our prices, please contact us.
The LPA must be registered with the Office of the Public Guardian before the attorney can act on someone’s behalf. The registration process usually takes about 10 – 12 weeks, and you need to register whilst you still have mental capacity.
If the forms have been signed but the individual loses mental capacity within the 10- 12 week registration period, the attorney can register it on their behalf, as long as they had mental capacity at the time of signing.
The Attorney can act only if the Donor has had a clinical diagnosis of “no capacity “or when the Donor wishes the Attorney to act.
Yes, as long as you still have Mental Capacity to do so. Attorney’s can be removed from an LPA ( you will need to complete a further form ) but if you wish someone else to act then a new application has to be made and to ensure you clearly state that all previous documents are being revoked, to avoid them being contested later.
Once this is completed you need to draft a new Power of Attorney with the representation of an attorney and ensure to clearly state that all previous documents are being revoked, to avoid them being contested later.
You can revoke Power of Attorney by filling out a Deed of Revocation as long as you can provide evidence to show that you still have Legal Mental Capacity. This form needs to be signed by you and a witness.