Power of Attorney Solicitors

What is a LPA?

A Lasting Power of Attorney (“LPA”) is a legal document that allows you to appoint one or more trusted individuals (“attorneys”) to make decisions on your behalf if you become unable to do so yourself, whether through illness, accident or loss of mental capacity.
There are two types of Lasting Power of Attorney:-

Property and Financial Affairs

A Property and Financial Affairs LPA gives your attorneys permission to act on your behalf whilst you have mental capacity to make your own decisions concerning your financial affairs and assets. It also allows them to make those decisions if you become unable to do so.
It will give your attorneys authority to:

• • Manage your bank accounts.
  • Buy and sell property on your behalf.
  • Deal with your investments.
  • Receive payments or inheritances due to you.
  • Pay bills on your behalf.

You can include guidance, or instructions should you have any specific wishes or instructions that you want your attorneys to be aware of.

Health and Welfare LPA

A Health and Welfare LPA can only be used after you have lost mental capacity. It allows your attorneys to make decisions regarding your personal welfare on your behalf, such as:

• Deciding where you should live.
• Your day to day care.
• Giving consent to or arranging medical treatment.

Having an LPA in place gives you peace of mind that someone you trust will be legally authorised to act in your best interests, should the needs arise. Without an LPA, loved ones may need to apply to the Court of Protection to gain similar authority-often a lengthy and costly process.

At Wade and Davies, our experienced team can guide you through the process of preparing and registering LPAs, ensuring they reflect your wishes clearly and are legally robust. We also advise attorneys on their duties and responsibilities once appointed.

Contact us today to find out how we can help you put the right protection in place for your future.

What is required to make a Lasting Power of Attorney?

You must have the necessary mental capacity to make an LPA and it is a requirement that an independent person acts as your certificate provider.
The certificate provider confirms that at the time of making the LPA that you understand the purpose of the document and that you are not being pressured to make the LPA. For your attorneys to be able to deal with your affairs and make decisions for you, your LPAs must be registered with the Office of the Public Guardian (“OPG)”.

Who should I make and who should I chose as my Attorney?

You can appoint anyone you wish to be your attorney, provided they are over 18 years old. It’s important to carefully consider the responsibilities involved before making your decision and to choose someone you can trust to act in your best interests.

Both types of Lasting Power of Attorney grant significant authority to your chosen attorneys, so seeking professional legal advice is highly recommended to ensure your arrangements are appropriate and legally sound.