Lasting Power of Attorney Solicitors
A lasting power of attorney (LPA) grants an individual legal permission to make decisions on behalf of someone who is struggling to manage their own health or financial affairs.
There are two types of LPA:
- A health and welfare LPA can be used to ensure important decisions about your ongoing care or living arrangements are made. A property and financial affairs LPA authorises your attorneys to manage your personal assets on your behalf.
- The private wealth team at JMW Solicitors can guide you through this area of law, using our experience to ensure you get an outcome that is right for you and the involved parties. We can provide clear and informed advice on creating an LPA that best suits your needs.
The private wealth team at JMW Solicitors can guide you through this area of law, using our experience to ensure you get an outcome that is right for you and the involved parties. We can provide clear and informed advice on creating an LPA that best suits your needs.
To get started, call us on 0345 872 6666 today, or fill in our online enquiry form to request a call back.
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Experienced Lasting Power of Attorney Solicitors
Our expert solicitors in succession planning have helped many individuals to set up an LPA. We are dedicated to making the process simple to ensure that your affairs (or someone else’s) will be organised properly.
JMW’s solicitors are highly experienced and our team is often asked to give seminars on wills, trusts, estate planning, Inheritance Tax and other related topics. Several of our lawyers are also members of the highly-respected Society of Trust and Estate Practitioners (STEP), further underlining our expertise.
We can explain the entire process of creating an LPA, helping you select attorneys who are trustworthy and will make decisions with your best interests in mind. We can advise on any safeguards or instructions that you want to include, and assist you with all of the necessary paperwork and legal procedures required to meet your specific needs.
Our expert team will be able to guide you through any aspects of:
- LPAs
- Enduring Powers of Attorney (EPAs)
- Advance Decisions and Living Wills
Meet Our Team of Wills Solicitors
Our team provides expert assistance with setting up a Lasting Power of Attorney, ensuring your financial and personal affairs are managed by someone you trust should you lose the capacity to make decisions.
Case Studies
CASE STUDY - THE ESTATE OF KF (DECEASED)
JMW assisted the executor of the estate of Mrs. F, successfully handling complex estate administration issues, including the transfer of business assets and managing tax obligations.
CASE STUDY - MRS S (DECEASED)
JMW successfully acted for the executor of Mr. S's estate, navigating challenges involving business interests and substantial inheritance tax liabilities.
FAQs About Lasting Power of Attorney
- How does a lasting power of attorney work?
A lasting power of attorney (LPA) is a document that designates another person or several people as having the authority to make decisions on someone’s behalf. LPAs are typically used when a person no longer has the capacity to make decisions for themselves or manage their own affairs.
To make an LPA, you must be over the age of 18 and have sufficient mental capacity to make the document. This must be done personally, as it is not possible to make an LPA on another person’s behalf.
- Who can be appointed as an attorney?
People who can be appointed as an attorney under an LPA include:
- A spouse or civil partner
- A child (over the age of 18)
- A member of the family
- A close friend
- An accountant
- A solicitor
- A company
The individual who is looking to make an LPA should seek to appoint people who they know are trustworthy and will make decisions with their best interests in mind. It is also possible to appoint more than one attorney, and to appoint replacement attorneys when necessary.
- What kind of affairs can an attorney handle under a health and welfare LPA?
If an individual creates a health and welfare LPA, their attorney can handle the following matters:
- Give or refuse consent to medical treatment, including life-sustaining treatment
- Discuss medical records and requirements with doctors and other healthcare professionals
- Make decisions concerning dental or optical treatment
- Make decisions concerning where the individual lives, including decisions on whether they remain living in their own home, receive care in their own home, or move into a care home that is appropriate for their needs
- Make decisions concerning their day-to-day life, including decisions on their daily activities, diet and appearance
- What kind of affairs can an attorney handle under a property and financial affairs LPA?
If the individual creates a property and financial affairs LPA, their attorney can handle the following matters:
- Buying, selling and renting property
- Renovating or repairing property
- Managing their bank accounts
- Managing their investments
- Paying their household bills
- Paying their nursing or residential care home fees
- Collecting their income, including pensions, state benefits and employment income
- Purchasing any necessary equipment or personal items for the individual
- Buying small gifts on the individual’s behalf, for occasions such as a relative’s birthday, weddings or religious holidays
- Can the authority given to an attorney be limited?
It is possible to place restrictions within the LPA document to limit what an attorney can do on the individual’s behalf. It is also possible to offer written guidance to attorneys, should the individual wish to do so.
- Can the lasting power of attorney be cancelled?
The LPA can be cancelled at any time, provided that the individual has sufficient mental capacity to do so.
- Does making a lasting power of attorney affect a will?
The two documents are completely separate. An LPA is only effective during the individual’s lifetime. Upon their death, the LPA will cease and the will takes effect instead.
- What is the difference between a lasting power of attorney and a Court of Protection deputyship?
LPAs are used when one individual wishes to personally nominate another to make legal and financial decisions on their behalf in the future. Court of Protection deputyship is used when the person in question has already lost mental capacity, meaning another person has to request permission from the court to handle their affairs.
Our team can help you to understand the difference between the two and find out which one is the most relevant for you.
- What’s the difference between an enduring power of attorney and a lasting power of attorney?
From October 2007, enduring powers of attorney (EPA) were replaced with LPAs and phased out. EPAs made prior to this date are still valid, and are similar to property and financial affairs LPAs. EPAs do not extend to health and welfare decisions.
An EPA must be registered with the Office of the Public Guardian if it is deemed that the person who created the document has either lost or is losing their mental capacity.
Talk to Us
To speak to an experienced legal expert about an LPA, call JMW Solicitors on 0345 872 6666 or complete our online enquiry form to request a call back at a time that is convenient for you.
