Lasting Power of Attorney
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A Lasting Power of Attorney (LPA) is a document to cover potential situations in the future where you may lose, or begin to lose, your mental capacity and become incapable of dealing with your own financial affairs, or health and welfare. A Lasting Power of Attorney gives you the opportunity to select, whilst you are still able to do so, the people that you want to take care of your affairs for you.
Please note: At the time the power is given, you must be capable of understanding its nature and effect for it to be valid. If this is not the case, your family would need to apply to the Court of Protection for a Deputyship Order.
There are two different types of Lasting Power of Attorney:
- Lasting Power of Attorney for Property and Financial Affairs
- This type of LPA allows your attorney to deal with your property and financial affairs. The power given to your attorney can be wide-ranging and could include: the collecting of your pension and any other benefits, corresponding with your bank and any investments you have, paying bills, completing tax returns and buying or selling property on your behalf
- Lasting Power of Attorney for Health and Welfare
- This type of LPA relates to your health and personal welfare and gives your attorney the power to make decisions on your behalf when you are unable. The decisions commonly made on your behalf include the decision to move into a residential care home and decisions regarding life sustaining treatment
If you would like to know more about the different types of LPAs, please visit our blog on the most frequently asked questions regarding Lasting Powers of Attorney.
Before a Lasting Power of Attorney can be used it must be registered with the Office of the Public Guardian (OPG). At Amphlett Lissimore, we take away the burden of completing and registering the LPA and we advise you on all aspects of the document along the way. We provide;
- Help and advice on choosing an attorney
- A service where we can act as your attorneys for Property and Financial affairs
- Recommendations as to why each type of LPA is right for you,
- Our knowledge and skills to be your certificate providers (outside of covid restrictions) by assessing your mental capacity
- Assurance that the document will be registered correctly
- Storage of your original LPA for you for FREE
- Certified copies of the documents for FREE (1 copy of each LPA)
- Future guidance for you and your family. Your Attorneys can contact us at any time to discuss your LPA and we will advise them accordingly
What’s an Enduring Power of Attorney?
Until 1 October 2007, it was possible to appoint someone to safeguard your interests and to act on your behalf, in respect of your financial affairs by an Enduring Power of Attorney (EPA). This remains valid even after the individual granting the power becomes mentally incapable. It is no longer possible to grant an EPA.
An EPA enabled an attorney to deal with financial affairs. In addition, it was felt that the relatively simple procedure could result in the system being abused. Therefore, a more complex and robust system was introduced to enable attorneys to be appointed not only to look after person’s financial affairs, but to also make decisions on their behalf relating to health and welfare issues.
About our Private Client team
Our Wills and Probate lawyers are available for face-to-face meetings at our Crystal Palace, Bromley and West Wickham offices. The team also offer telephone and video call appointments, with home and hospital visits available upon request. Our friendly and knowledgeable lawyers are all Dementia Friends and are committed to learning how best to support our clients living with Dementia. They can advise and guide you through setting up your Lasting Power of Attorney and ensure that the document is registered correctly – ready for you should you need it.