Call +44(0)161 941 4000
Call +44(0)161 941 4000
Lasting Powers of Attorney (LPAs) are useful legal documents where a person (the Donor) appoints someone (the Attorney) to assist with decision making during their lifetime. The Power of Attorney will end at different times depending on the type of Power of Attorney granted and all Powers of Attorney require the Donor to have sufficient mental capacity to be able to make one. There is a LPA specifically to cover property and financial affairs and one to cover health and welfare decisions.
We will advise on the best options available to you, how to structure your documents to suit your needs and to safeguard your assets. We will prepare both the document and the application to register your LPAs with the Office of the Public Guardian and provide you with certified copies so that you will have fully functional documents at the end without having to navigate through all the guidance notes yourself.
If a person loses mental capacity and has not put into place a valid LPA, an individual will need to make an application to the Court of Protection for a Deputyship Order. A Deputy is similar to the role of the Attorney but the appointment will need to be made by the Court of Protection.
This means that they will need full disclosure of the person’s finances to include, income, expenditure and current assets. They will also need to complete checks on the intended Deputy.
The Court of Protection will also usually only appoint one Deputy whereas in a Power of Attorney, more than one can be appointed and in different a variety of ways to suit the Donor. This process can take 2-3 time longer and costs 2- 3 time more than making an LPA.
In cases where we are preparing and registering LPAs, we will address and document matters such as mental capacity and undue influence. We can also act as a witness and Certificate Provider or instruct a medical practitioner to act as Certificate Provider on your behalf.
To ensure that your Attorneys act in your best interests, our solicitors will ask them about their roles and their legal duties.
We can advise you on the different types of powers of attorney including Enduring Powers of Attorney (EPAs) which can no longer be made and were replaced by LPAS on 1st October 2007.
However, for those who made EPAs, they will need to be registered if the Attorney has reason to believe that the Donor is losing mental capacity to deal with their own financial affairs on a day to day basis.
We can also advise and prepare General Powers of Attorney. They are short term documents allowing an Attorney to assist the Donor with their financial affairs for around 12 months and then most financial institutions will require a new document to be signed.
The document will however cease to be effective if the Donor loses mental capacity. These types of document are usually used for convenience for example, the Donor has gone abroad and needs someone to sign on their behalf in their temporary absence.
Our experienced team frequently deal with LPAs and are affiliated with the organisation Solicitors For the Elderly. Having undertaken additional training on the legalities of putting together LPAs as well as soft skills to deal with clients who may be losing mental capacity, our team are well equipped to help address and foresee practical issues which might arise later.
As well as making LPAs, we have also helped families to query actions by Attorneys and cancel documents which have been put in place appointing inappropriate Attorneys.
Home-grown or recruited from national, regional or City firms. Our specialists are experts in their fields and respected by their peers.
Bik-ki is a Partner and is Head of our Wills, Trusts and Probate department
Clara is a Partner in our Wills, Trusts and Probate department
Jaima is a Solicitor in our Wills, Trusts and Probate department
Laura is an Associate in our Wills, Trusts and Probate department
Keep up-to-date with the latest legal news and our expert opinion.