Many of us find it uncomfortable thinking ahead to a future where we may not be able to make decisions for ourselves. But arranging Lasting Powers of Attorney (LPA) allows you to set out who can deal with your finances, make health decisions, or look after your business if you’re not able to. This can make life much easier for both you and your family later on.
We know it can seem daunting to prepare for these types of situations. Our experienced solicitors advise on how Lasting Powers of Attorney work in practice, explaining your options and how you can structure these so you can feel confident they will be managed in a way you’re happy with.
Lasting Powers of Attorney - how we can help
Everybody’s circumstances are different, so we start by listening to what’s important to you and answering any questions. We make sure we understand your current position and what you want to achieve before recommending the best solutions for you.
It’s essential to consider what powers to grant your attorney. This needs to be worded correctly so they can be effective in their role while also respecting your wishes.
We can advise on:
- preparing and registering Lasting Powers of Attorney.
- registering Enduring Powers of Attorney.
- setting out your attorney’s powers and duties.
- cancelling both forms of powers.
What are Lasting Powers of Attorney?
Lasting Powers of Attorney allow you to choose someone to make decisions on your behalf, and take care of your affairs when you're unable to. This means your attorney can ensure everything continues to run smoothly for you, whatever happens.
There are two different types of Lasting Powers of Attorney:
- Property and finance – allows you to choose one or more people to make property or financial decisions for you. You can specify whether you would like it to come into effect immediately, or once you no longer have mental capacity.
- Health and welfare – allows you to choose one or more people to make decisions in areas such as medical treatment. This only comes into effect when you are unable to make decisions yourself.
You may decide to put both of these in place or just one.
Why arrange Lasting Powers of Attorney?
If you lose mental capacity but haven’t arranged Lasting Powers of Attorney, the Court of Protection may need to appoint somebody to handle your affairs. You will have no control over who this person is, as the Court determines who is most appropriate for the role.
Putting Lasting Powers of Attorney in place means you choose the person who will be making the decisions which affect you. It also makes things easier for your relatives should anything happen to you.
Our legal experts can help you complete the official forms to make and register a Lasting Power of Attorney. During the registration process, chosen people may object to the Lasting Power of Attorney, which we can also help you with, but if no objections are made the Lasting Power of Attorney will be registered.
Who can be your attorney?
Your attorney should be someone you trust to follow your wishes and who is able to manage your affairs confidently. It’s possible to have more than one attorney, so you can arrange for different people to deal with your financial and your care decisions, for example.
You may prefer to have an independent person helping with confidential financial matters. We have a specialist Vulnerable Clients team who advise on the administration of attorneyships and can also act as your attorney. We work alongside you to make sure your affairs are managed efficiently and that you do not feel as though your independence is being taken away.
Enduring Powers of Attorney
Lasting Powers of Attorney have replaced Enduring Powers of Attorney (EPA), which only allowed an individual to appoint attorneys to look after their finances. While your Enduring Power of Attorney may still be valid, it’s a good idea to review this to check what is included and whether it needs updating.
Why choose Tozers?
Our Later Life Planning team specialises in helping clients to prepare for the future. We're hugely experienced in drafting and registering both types of Lasting Powers of Attorney.
We’re recognised in leading legal directory, The Legal 500, which notes Tozers as being "very approachable and knowledgeable", while identifying our head of team, Grainne Staunton, as "an expert in inheritance tax and succession planning".
We’re also members of the Society of Trusts and Estates Practitioners (STEP), keeping at the forefront of best practice so you can feel confident in your arrangements.
Most importantly to us, our expertise is reflected in the positive feedback we receive from our clients.
“We were well informed and well supported throughout the whole process of re-writing our wills and organising Power of Attorney."
"Everything was incredibly well organised, efficient, and very professional. First rate service all round.”
Find out how we can help you
Make sure that you have made the necessary provisions for your future with Lasting Powers of Attorney. Contact our solicitors using our online enquiry form below or call us at one of our offices.