Lasting Powers of Attorney
What would happen if you
could not look after your money every day or make your own
financial or welfare decisions?
What is a Lasting Powers of
A Lasting Powers of Attorney (LPA)
is a legal document that enables you to appoint someone to make
decisions about your welfare, money or property, either now or in
the future. If illness or incapacity hinders you from dealing with
your own day to day affairs, you can prepare a LPA to appoint
someone committed to looking after your best interests. It is
important to take steps now to choose someone you trust to manage
and protect your wellbeing in the future.
Why make a Lasting Powers of
By making a Lasting Powers of
Attorney (LPA) you are able to choose who has the responsibility of
looking after your affairs if you were to become incapable of doing
so yourself. A deputyship is the fall back for someone who has lost
the capacity to look after his or her own affairs where no power of
attorney exists. This means that your financial capital and affairs
will be managed by the Court of Protection in London, typically
through a relation who will be the deputy and who will receive
income to apply it for your benefit while the Court of Protection
will control your capital. However, the deputy appointed might not
be the person you would have chosen yourself to manage your
To put it simply, applying for an
LPA will give you more control over what happens to your affairs if
you become incapable of managing them yourself. An LPA will
also enable you to provide guidance on how you want your affairs
managed. An LPA is usually a more straightforward and less costly
option than a deputyship. By having an LPA in place, you can also
prevent a situation arising where, if you lose capacity
unexpectedly, your family need to go through the process of
applying to the court for a deputyship order. This can be long
and potentially complicated process.
Are there different types of
Lasting Powers of Attorney?
Yes, there are two different types
of Lasting Powers of Attorney. These are:
Health and Welfare LPA
A Health and Welfare LPA enables
you to choose one or more people to make decisions for you relating
to your health and personal welfare, such as where you live or your
medical treatment. A Health and Welfare LPA can only be used once
the form has been has been registered at the Office of the Public
Guardian and the individual concerned has become mentally incapable
of making their own decisions. A Health and Welfare LPA also
enables you to empower your attorneys to give or refuse life
sustaining treatment on your behalf.
Property and Financial Affairs
A Property and Financial Affairs
LPA enables you to appoint someone to manage your property and
financial affairs at a time when you are no longer able to or lack
the mental capacity to do so. This could include paying your bills
or selling property. Again, a Property and Financial
Affairs LPA can only be used once the form has been registered
at the Office of the Public Guardian.
How do I register a powers of
We have a large, diverse and
experienced Asset Management Team who specialise in all matters
relating to powers of attorney. Working throughout Wales and
England, our specialist solicitors regularly prepare powers of
attorney for all manner of situations and clients.
We can register Lasting Powers of
Attorney (LPA) and the old form Enduring Powers of Attorney (EPA)
with the Office of Public Guardian in order that they can be used
by the appointed attorney and we also have a specialist deputyship
team, who deal with applications to the Court of Protection if an
LPA or an EPA is not in place.
Want to find out more about Lasting
Powers of Attorney? Read our FAQs.
Contact us today
This firm boasts one of the
largest asset management teams in Wales, and as such handles an
impressive range of work. Chambers UK
Our Lasting Powers of Attorney
solicitors work with each client individually to provide the
highest level of advice to ensure the best provisions are made for
you and your family now and in the future.
Contact us on 029 2066 0563
to find out how we can help.