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Lasting Power of Attorney

The benefits of writing a will are widely recognised. In doing so, you make provision for concluding your affairs after death. But what if you lose mental capacity before death? Your financial affairs and health and welfare needs will need to be managed by someone during your lifetime before your Will comes into effect. How can you ensure that your affairs will be managed correctly?

A Lasting Power of Attorney (LPA) is a document to cover potential situations in the future where you may lose, or begin to lose, your mental capacity and become incapable of dealing with your own financial affairs, or health and welfare. A Lasting Power of Attorney gives you the opportunity to select, whilst you are still able to do so, the people that you want to take care of your affairs for you.

Please note: At the time the power is given, you must be capable of understanding its nature and effect for it to be valid. If this is not the case, your family would need to apply to the Court of Protection for a Deputyship Order.

If you would like to talk to our Private Client team about Lasting Powers of Attorney, please call the team on 020 8771 5254 or complete the enquiry form below.

There are two different types of Lasting Power of Attorney:

  • Lasting Power of Attorney for Property and Financial Affairs
    • This type of LPA allows your attorney to deal with your property and financial affairs. The power given to your attorney can be wide-ranging and could include: the collecting of your pension and any other benefits, corresponding with your bank and any investments you have, paying bills, completing tax returns and buying or selling property on your behalf 
  • Lasting Power of Attorney for Health and Welfare
    • This type of LPA relates to your health and personal welfare and gives your attorney the power to make decisions on your behalf when you are unable. The decisions commonly made on your behalf include the decision to move into a residential care home and decisions regarding life sustaining treatment

If you would like to know more about the different types of LPAs, please download our leaflet here.

Before a Lasting Power of Attorney can be used it must be registered with the Office of the Public Guardian (OPG). At Amphlett Lissimore, we take away the burden of completing and registering the LPA and we advise you on all aspects of the document along the way. We provide;

  • Help and advice on choosing an attorney
  • A service where we can act as your attorneys for Property and Financial affairs
  • Recommendations as to why each type of LPA is right for you,
  • Our knowledge and skills to be your certificate providers (outside of covid restrictions) by assessing your mental capacity
  • Assurance that the document will be registered correctly
  • Storage of your original LPA for you for FREE
  • Certified copies of the documents for FREE (1 copy of each LPA)
  • Future guidance for you and your family. Your Attorneys can contact us at any time to discuss your LPA and we will advise them accordingly

If you’d like to find out more, have a look to these Lasting Power of Attorney FAQ's, or give our Private Client team a call today on 020 8771 5254

What’s an Enduring Power of Attorney?

Until 1 October 2007, it was possible to appoint someone to safeguard your interests and to act on your behalf, in respect of your financial affairs by an Enduring Power of Attorney (EPA). This remains valid even after the individual granting the power becomes mentally incapable. It is no longer possible to grant an EPA.

An EPA enabled an attorney to deal with financial affairs. In addition, it was felt that the relatively simple procedure could result in the system being abused. Therefore, a more complex and robust system was introduced to enable attorneys to be appointed not only to look after person’s financial affairs, but to also make decisions on their behalf relating to health and welfare issues.

If you have any questions regarding a Lasting Powers of Attorney or an Enduring Power of Attorney, please don’t hesitate to contact our friendly and knowledgeable team on 020 8771 5254, who offer a free initial assessment of your legal matter over the phone.

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