Lasting Power of Attorney solicitors

A Power of Attorney is a legal document allowing you to appoint someone to assist you with your property and finances and/or health and welfare if you are ever unable to make these decisions for yourself.

Enduring Powers of Attorney (EPAs) could be made between 1985 and September 2007, and they cover property and financial affairs. They are still valid and can be used. Lasting Powers of Attorney (LPAs) are the current regime and cover property, finance, health and welfare.

If you have a valid EPA, you do not necessarily need to make an LPA. However, we advise that you do check it carefully to make sure it is correctly completed and does still reflect your wishes. You may also wish to supplement your EPA, which covers property and finances, with an LPA that covers your health and welfare.

It might be, but who knows what the future holds? The purpose of the document is to allow people to make decisions for you in the future if you can no longer make them yourself. It does not mean that from the moment you complete the forms your attorney takes over.

The documents do take a number of weeks to be registered with the Office of the Public Guardian, which could potentially delay your attorneys acting for you when you need them in the future. If it is made now, it can sit in the drawer as a useful insurance policy for whatever the future holds. There are no ongoing fees once the LPA is made and registered, that’s it.

If you do not make an LPA and later become unable to make certain decisions for yourself, you may find that no one can legally make decisions for you. This can cause problems with paying bills or making decisions about your care.

It may be that someone will need to apply to the Court of Protection to be your Deputy. A Deputy has similar powers to that of an attorney but it is significantly more time consuming and expensive than an LPA. It is much easier to appoint an attorney, and you can choose who you would like to do it for you.

The Court of Protection helps people who are unable, as a result of mental health, injury or any other impairment, of making their own decisions. The Court can give the power to make those decisions to someone who will be known as a Deputy.  

The decisions can cover money and property or health and welfare. The Court will also hear matters relating to care and treatment decisions and will make decisions on that person’s behalf in respect of contact or if there is a dispute or allegation regarding a disputed Power of Attorney. The team at Prettys can advise on all of these aspects.

Deputies are often friends or relatives but they could also be a solicitor. We are appointed as a Deputy for a number of clients. Solicitors are often appointed if there is no suitable family member or friend, the amounts involved are very large, there are very complicated and complex decisions to be made or if there is a family conflict.

There are various forms that need to be completed, including a doctor’s certificate confirming the person lacks mental capacity. The process can be quite lengthy and complex, and we can help with the documentation, its completion and submission. Most applications are issued without a formal court hearing but, depending on the circumstances, a full hearing may be required.

All decisions must be made in the best interest of the person lacking capacity. The Court of Protection may restrict what actions you can take and any decisions must be made in accordance with the guidance of the Mental Capacity Act 2005 Code of Practice. The Deputy has to report yearly on all financial transactions and make a note of all decisions made.

You will not be able to make a Will for them but you can apply to the Court of Protection for them to make a Statutory Will for your relative. We can assist and advise you with this complex process.