A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone you trust (known as your attorney) to make decisions on your behalf in the event that you are no longer able to do so. There are two types of LPA: one for property and financial affairs, and one for health and welfare.
Making early preparations for a time when you might lose mental capacity, will benefit you and your loved one.
Lasting Power of Attorney Solicitors are qualified legal professionals who are best placed to advise you and your family regarding all things to be considered if you are thinking about whether putting a power of attorney in place is the right things for you.
Types of Lasting Power of Attorney
Property and Financial Affairs LPA: This type of LPA gives your attorney the power to make decisions about your financial and property affairs, including managing your bank accounts, paying bills, and making decisions about your property.
Health and Welfare LPA: This type of LPA gives your attorney the power to make decisions about your health and personal welfare, including decisions about your medical treatment and where you should live.
How to create a Lasting Power of Attorney
Choose your attorney: You should choose someone you trust to act as your attorney. This can be a family member, friend, or professional advisor.
Complete the LPA form: You can obtain an LPA form from the Office of the Public Guardian (OPG). You will need to provide details about yourself, your attorney, and any replacement attorneys.
Sign the form: You must sign the form in front of a witness. Your attorney must also sign the form, but they do not need to be present at the same time as you.
Register the LPA: Once the form has been completed and signed, you need to register it with the OPG. There is a fee for registering an LPA, which can be paid by you or your attorney.
Key considerations when creating a Lasting Power of Attorney
Your attorney must act in your best interests: Your attorney must always act in your best interests, and they must follow the principles set out in the Mental Capacity Act 2005.
Your attorney must be 18 years or older: Your attorney must be 18 years or older, and they cannot be bankrupt.
You must have mental capacity: You must have mental capacity when you create an LPA. This means that you understand the nature and effect of the document and are able to make the decisions required to create it.
Choosing Power of Attorney Solicitors
Trust, Reputation, and Experience are the three most important pillars to consider before appointing solicitors.
In the UK, Clifford Johnston & Co. are renowned as the leading Lasting Power of Attorney Specialists.
They build lasting relationships with their clients. Most of their work comes from their existing clients, referrals, and recommendations.
For clear, straightforward, and affordable advice on such legal matters, get in touch with their specialist team.
Q: Do I need a solicitor to create a Lasting Power of Attorney?
A: No, you do not need a solicitor to create a Lasting Power of Attorney. However, some people choose to use a solicitor to help them complete the form and register the LPA.
Q: Can I appoint more than one attorney for my Lasting Power of Attorney?
A: Yes, you can appoint more than one attorney. You can choose to appoint your attorneys to act together, or you can appoint them to act separately.
Q: What happens if my attorney dies or becomes unable to act as my attorney?
A: If your attorney dies or becomes unable to act as your attorney, you can appoint a replacement attorney. If you have not appointed a replacement attorney, and your only attorney is no longer able to act, you will need to appoint a new attorney.
Q: Can I change my Lasting Power of Attorney once it has been registered?
A: Yes, you can change your Lasting Power of Attorney after it has been registered. You will need to complete a new LPA form and register it with the OPG.
Ultimately, you are never too young to prepare for the future. LPA’s are not just their for the elderly, any person could find misfortune and be involved in a serious accident that could leave them with a reduced or lost mental capacity.
We advise you to get in touch with the Lasting Power of Attorney Solicitors. This is truly a conscious decision towards guarding your future.