Lasting Power of Attorney

A Lasting Power of Attorney (LPA) gives individuals the peace of mind that someone you trust can make crucial decisions for you, should you no longer be able to make them yourself in the future.

At PDA Law, we understand that this can be a sensitive topic, particularly if you or a loved one has recently been diagnosed with an illness. That’s why our team of solicitors will work with you in an efficient yet sensitive manner in order to minimise any further stress.

If you need help or advice when it comes to setting up lasting power of attorney, our expert private client solicitors can help you. Simply call our team on 01244 373 373 or complete our online contact form and we will get back to you as soon as possible.

What is a lasting power of attorney?

A Lasting Power of Attorney gives you the power to appoint someone you trust to make financial or welfare decisions on your behalf, should you no longer have the mental capacity to do so.

Common reasons for granting someone lasting power of attorney include being diagnosed for an illness, protecting yourself should you have an accident, or pre-empting the effects of old age and degenerative cognitive conditions like dementia.

Types of lasting power of attorney

There are two kinds of LPA that you can grant to your trusted person: property and financial affairs, and personal welfare.

  • Property and financial affairs – managing your bank account, paying your bills, collecting your benefits or pension and selling your home.
  • Personal welfare – your daily routine, medical care, care home arrangements, life-sustaining treatments.

You can choose to give one or both of these powers to a person of your choice. You may also name more than one attorney to handle your affairs, or a successor in case your first choice is unable to continue to discharge their duties on your behalf.

Who can set it up?

With the help of a solicitor, anyone can set up a Lasting Power of Attorney providing they meet the following criteria:

  • You are over 18
  • You still have the mental capacity to understand what you are doing
  • You have not been pressured into setting it up
  • You have not been declared bankrupt

Similar restrictions apply to your choice of attorney – for example, they will not be allowed to handle your finances if they are currently undergoing bankruptcy proceedings – and you should make sure anyone you name as your attorney is happy and willing to take on that responsibility.

What are the benefits?

There are a number of ways that you and your loved ones could benefits from setting up an LPA, which include:

  • The reassurance of knowing you will be looked after by people you trust
  • Feeling safe in the knowledge that you know exactly who will be making your decision for you
  • Lifting any future complications should your family try to arrange an LPA when you no longer have the mental capacity
  • Helping you to make your family aware of your future wishes and arrangements

Help for attorneys and family members

If you are a named attorney for somebody and you feel that it is time to put their LPA into effect, we can help you to understand the implications – both short-term and long-term – of doing so, and how to legally discharge your duties as their representative.

Acting as somebody’s attorney can be a great honour, and if you have willingly agreed to do so, it is likely that you care deeply about getting it right, so that the decisions you make on their behalf cannot be challenged in court.

We can also advise you if you find you have been named as an attorney without prior notification, or if you want or need to name a successor to take over your duties.

Finally, we can also help friends and family members to challenge an LPA if you feel that the person acting as attorney is not making the correct decisions to represent the donor and protect their finances and welfare.

Contact us today

By arranging a Lasting Power of Attorney you are protecting yourself and your family should you lose the ability to make your own decisions later in life.

It is an unfortunate fact that some of us will inevitably lose mental capacity through accident, injury or ageing, and with an LPA you avoid being at the whim of the courts when it comes to making important decisions about your finances, the care you receive and where you will live.

Our expert team of solicitors will help and guide you through the process of arranging an LPA in a quick and efficient manner to help protect you as soon as possible. To set up an LPA, simply call PDA Law today on 01244 373 373 . Alternatively, fill out our online contact form and we will be in touch.