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Lasting Power of Attorney

Lasting Power of Attorney Solicitors

 

A lasting power of attorney 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 Attoney’

There are two types of Lasting Power of Attorney and they are Health and Welfare and Finance.

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 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.

We 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.

For more information on making a lasting power of attorney and for helpful legal advice, contact our team today by phone or complete our enquiry form and we will get in touch with you.

Why make a Lasting Power of Attorney

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.

If you have a Lasting Power of Attorney for Health and Welfare 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 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.

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.

How to make a Lasting Power of Attorney?

Anyone over the age of 18 can make a lasting power of attorney, of which there are two types.

A lasting power of attorney for financial decisions

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

A lasting power of attorney for decisions about health and care

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.
 

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.

 

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