A lasting power of attorney (or LPA) is a document that outlines the decisions you would like your nominated attorney to make on your behalf, if you were to lose mental capacity in the future. We recommend to all clients (irrespective of age or current health) to put these in place now and ‘hope’ they are never needed. Should the need arise to implement them at a later date there are no delays and you and your chosen attorneys have ‘peace of mind’.

There are two types of lasting powers of attorney:

Health and welfare lasting power of attorney This gives your attorney power to make decisions affecting your personal welfare such as where you live, diets, care plans, or decisions regarding life sustaining treatment.

Property and financial lasting power of attorney This gives your attorney power to manage your finances such as bank accounts and investments and the ability to buy/sell property on your behalf and make customary gifts of your funds.

    You can only make a lasting power of attorney whilst you have mental capacity. If you lack mental capacity, but don’t have a lasting power of attorney in place, then a friend or relative can apply to the Court of Protection to apply to become a deputy to make decisions on your behalf. However, drawing up an LPA is a quicker, cheaper process than applying to become a deputy and the choice of who is appointed is yours.

    There are a number of steps to creating a valid lasting power of attorney. We can guide you through the process and help you draw up a lasting power of attorney document that accurately reflects your wishes. This includes:

    • Helping you understand the different types of powers that can be given to attorneys through a lasting power of attorney
    • Advising you on how best to structure your lasting power of attorney document
    • Helping you choose the right attorney(s) for you
    • Drafting the lasting power of attorney including bespoke clauses to reflect your personal situation
    • Acting as a certificate provider certifying that you have understood what your lasting power of attorney entails
    • Helping your nominated attorney(s) complete their paperwork – confirming they are willing to act for you
    • Registering your lasting power of attorney with the Office of the Public Guardian

    Help is available for your attorneys to understand their role and powers available to them

    • Advise your attorneys on what an attorney can and cannot do
    • Suggest possible things to look out for, such as how to deal with disputes with friends or relatives concerning the power of attorney
    • Advocate good record keeping and offer advice into the preparation of financial accounts
    • If necessary, explain to the attorney how we can help to apply for additional powers through the Court of Protection; including authority to make gifts.