Overview

Lasting Powers of Attorney

Circumstances can change and sometimes we lose the Mental Capacity to make decisions whether through illnesses such as Alzheimer's Disease, stroke or accident. Not only is it important to appoint someone you trust to take over your decisions, it is also important that they acquire the appropriate set of skills to make the proposed decisions.

Your Lasting Powers of Attorney (LPAs) can make decisions in the form of: 

  • Property and Financial 
  • Health and Welfare 

These two different types of LPAs have only come into existence since 2007.

Any Enduring Power of Attorney you have made prior to October 1st 2007 needs to be checked to ensure that it is a valid legal document and you should consider making a new Financial LPA which has the flexibility and safeguards built into the new system. 

You should also consider making a Health and Welfare LPA to give legal authority to your chosen people to make decisions relating to medical and nursing care and life sustaining treatment. 

You may appoint more than one attorney and/ or replacement attorneys in case your original choice cannot act due to illness, incapacity or death. 

It is very important that you have independent legal advice so that you are fully aware and informed of the situation and the potential pitfalls. 

The signed documents must be registered with the Office of Public Guardian before your property and financial attorney can act and it is important to note that they can make the decisions for you whilst you still have the capacity to do so. Your Health and Welfare attorney can only after the LPA has been registered and you lack the mental capacity to make such decisions. 

If you lose capacity to make decisions before making the LPA then it may be necessary for an application to be made to the Court of Protection to enlist someone to make decisions on your behalf. This can be costly and time consuming. 

With no time to lose, speak to one of our experts today to find out more on 0151 282 1700. 

Please note that the registration fee for each Lasting Power of Attorney is now £82.