Lasting Power of Attorney
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Power of Attorney Solicitors for LPAs
Our Lasting Power Of Attorney Solicitors can help you to make a Lasting Power of Attorney for either property and financial affairs or health and welfare matters to give you peace of mind that your interests will be fully protected in the future.
It is difficult to think about a time when you may be unable to make decisions for yourself but setting up a Lasting Power of Attorney can give you peace of mind that someone you trust will be able to make decisions for you should the need arise.
The Power of Attorney can be used if you lack mental capacity. If you lack mental capacity it means you lack the ability to make a specific decision at the time that it needs to be made.
For more information on making a Lasting Power of Attorney and for helpful legal advice, contact our team of Lasting Power Of Attorney Solicitors today by phone or complete our enquiry form and we will get in touch with you.
What is an LPA?
A Lasting Power of Attorney, or LPA, is a legal document, enabling you to appoint one or more people to manage your affairs should you ever be unable to do so yourself. This could be due to illness, injury or old age. Prior to October 2007, LPA’s were referred to as ‘Enduring Power of Attorney’.
There are two different types of Lasting Power of Attorney, one for Health and Welfare and one for Finance. You may choose to draft both types of LPA, which will be valid as long as you are over 18 and have legal mental capacity.
Why use a Lasting Power of Attorney Solicitor?
We all need to plan for the future and it is advisable to have a Lasting Power of Attorney in place to give you control over what happens to you if you ever become unable to make decisions for yourself. This can be a permanent or temporary arrangement but is there to safeguard your future finances and welfare. It provides you with the opportunity to appoint a trusted friend or relative in advance who you can rely upon to act on your behalf.
This is a difficult area of law and it is very important to plan a Power of Attorney carefully, and make sure that you fully understand the consequences of it and make sure that you take the necessary safeguards to protect you and your estate. Our LPA Solicitors at Clifford Johnston and Co. ensure you get expert and tailored legal advice, to protect your interests in the future.
Reasons to make a Lasting Power of Attorney
- If you are ever ill or in hospital and need temporary help with everyday tasks such as paying bills etc.
- If you have been diagnosed with dementia or another long-term condition and may require help making decisions in the future about your finances or care.
What happens if there is no Power of Attorney?
If someone has lost their mental capacity, and there is no Power of Attorney in place, it is possible to apply to the Court of Protection to request the authority to make decisions on their behalf. However, the powers granted to a deputy through the Court of Protection are very limited compared to someone who has been appointed through a Power of Attorney, and there is an annual fee to renew their deputyship.
If you don’t make a Power of Attorney you lose a lot of control over what happens. You’ll have no say on who the Court of Protection appoints as your deputy, no say on what powers are granted, further costs will be incurred and you may have to wait until joint assets can be sold.
What is the difference between ordinary Power of Attorney and LPA?
While there are many different ways that someone could grant Power of Attorney to another individual, there are significant differences in the limitations that each type has.
An ordinary or limited Power of Attorney is usually granted for a short period of time, to allow someone to take care of a person’s finances. This may include paying bills and similar tasks while someone is away from the country. The attorney named in a Power of Attorney document will be able to access the person’s bank accounts and make financial decisions for them, but won’t be allowed to make decisions about the person’s health and welfare.
This agreement will cease to be valid when the person granting Power of Attorney loses mental capacity, or is unable to make decisions for themself.
A Lasting Power of Attorney will still be valid, even if the person granting it loses the capacity to make their own decision. In fact, it is often used to help in this very circumstance.
When a person grants Lasting Power of Attorney to someone, their attorney may make decisions about both the financial and welfare aspect of the person’s life. They may continue to manage the person’s affair after the donor loses mental capacity.
What are the different types of LPA?
Anyone over the age of 18 can create an LPA, of which there are two types.
Property and Financial Affairs LPA
This can be used while you still have mental capacity but feel that you would like some support in making decisions about your finances. Alternatively, you can state that it is only to become applicable if you are unable to make these decisions for yourself.
You can also restrict the types of decisions that you will allow your attorney to make or you can select to entrust them with all of your financial decisions.
Financial decisions covered by a lasting power of attorney include:
- Buying and Selling Property
- Paying a mortgage
- Paying bills
- Making investments
- Collecting your benefits
Health and Welfare LPA
If you have a Health and Welfare LPA then your attorneys will be able to make decisions about where you should live and the medical care you should receive and who you should have contact with.
This can only come into force if you lose mental capacity and covers issues such as:
- Whether you should continue to live in your own home.
- Where you should live if your own home is not suitable.
- Your medical care.
- Decisions about life-saving treatment (by special permission only).
For your Lasting Power of Attorney to become legally binding it must be registered with the Office of the Public Guardian.
Contact our Lasting Power of Attorney Solicitors in Manchester today to find out more about how we can help.
Wills and Living Wills
It is a good idea to make a will, alongside a Lasting Power of Attorney, if you haven’t done so already. It is helpful to forward plan and put all your affairs in order to guarantee that your future interests and those of your loved ones are protected.
We can advise you on all aspects of making a will including making lifetime gifts and setting up trust funds.
You may also wish to consider making a living will, where you can detail how you wish to be cared for in the future including any treatment you wish to refuse. Our solicitors can provide specialist advice to help you make the right decisions for your future well-being.
How we can help
At Clifford Johnston & Co. we pride ourselves on our friendly and personable approach. It is essential that we gain a comprehensive understanding of your individual circumstances and are happy to liaise with your loved ones and/or medical team where appropriate.
We have a reputation for consistently working to the highest of standards on behalf of all our clients and have the significant experience and expertise necessary to prepare your Lasting Power of Attorney.
Mr Furbey and Mr Flannery are both qualified and experienced Wills and Probate Solicitors. Mr Furbey is also a member of the Law Society’s Approved Mental Health Panel meaning that he has particular expertise in dealing with vulnerable people and those mental health related issues.
For clear, straightforward and affordable advice contact our specialist team in confidence today.
We build lasting relationships with our clients. Most of our work comes from existing clients, referrals and recommendations.
Clifford Johnston & Co. have long been recognised for our expertise in making Lasting Power of Attorney. Our LPA Lawyers in Manchester act regularly for clients from across the North West and Cheshire including Altrincham, Hale, Alderley Edge, Wilmslow and Knutsford.
As recognised experts in estate planning and estate administration law we can support your needs wherever you live in England, Wales & Northern Ireland.
Need some professional advice?
Do you have any issues that you are worried about? Contact our professional team for a free, no-obligation informal discussion, where we can discuss your particular requirements in greater detail.