Lasting Power of Attorney solicitors
We have extensive experience in supporting clients make a Lasting Power of Attorney, ensuring their wishes are adhered too later on in life.
Get the right plans in place today and be prepared for life’s uncertainties with guidance from our experts.
If you ever become unable to make your own decisions, having a lasting power of attorney in place can give you the peace of mind that someone you trust can look after your affairs.
It is common for people to consider a power of attorney too late, and we recommend it is an essential element of estate planning and should be the next thing to take into consideration after making a will.
- Nationally recognised and trusted private wealth specialists with decades of experience.
- Supportive, straightforward process designed to make planning for the future simple and stress-free
- Experience in helping clients appoint trusted individuals – including, where appropriate, professional attorneys.
- Clear, practical advice to ensure your wishes are properly documented and legally protected.
What is a lasting power of attorney (LPA)?
A lasting power of attorney is a legal document that lets you appoint one or more people (known as attorneys) to make decisions for you with your best interest in mind. This gives you more control over what happens if you have an accident or an illness and are no longer able to make your own decisions. Legally, family members do not automatically have the right, so appointing someone formally is advised. There are two different types of power of attorney.
Property and financial affairs LPA
A property and financial affairs lasting power of attorney enables your attorney to make decisions about your money and your property. This includes paying your bills, buying or selling your property, collecting finances such as pensions or benefits.
Health and welfare LPA
A health and care lasting power of attorney lets your attorney handle decisions about your day-to-day care, and medical treatments. This includes where you live, what you eat, who you see, and what medical treatment you receive.
Lasting Power of Attorney FAQs
Who needs a Lasting Power of Attorney?
An LPA is an important legal document that anyone can put in place. An accident, or illness, can affect anyone at any age and often without notice. For this reason, if you wish to control your affairs in the event you do lose mental capacity, you should consider setting up an LPA.
Without an LPA in place, someone you may not have chosen to be appointed to manage your affairs could be chosen. Making an LPA will also give legal authority to a specified person without them needing to go through a costly and legal process.
How does an Lasting Power of Attorney work?
In the event you are unable to make decisions for yourself, a Lasting Power of Attorney allows your appointed person(s) to step in and make decisions for you. When setting up an LPA, you should choose someone you trust and the right type of LPA for your circumstances which will allows them to manage your health, care, and finance matters.
To set up an LPA, you must be capable of understanding the effect of the document and unfortunately, people often think about setting up an LPA when it’s needed, which will be too late.
Once set up, you can have peace of mind that when it is needed, it is in place. The LPA can include instructions as well as preferences on a range of matters to ensure it reflects your wishes.
What happens I don't have an LPA and I lose mental capacity?
If you don’t have a LPA in place, and you need someone to manage your affairs, that person’s only option would be to apply for a deputyship order through the court. This can be a complex, lengthy and costly process compared to an LPA which can take effect as soon as it’s needed.
Why use a solicitor for a Lasting Power of Attorney?
A Lasting Power of Attorney is a legally binding document. A poorly drafted LPA could be found to be invalid, or not fully effective when it is needed, and therefore worthless. Therefore, it is recommended to seek professional advice when making an LPA. LPAs are more complex than you might expect, and often gaps are left in ‘DIY Lasting Power of Attorneys’.
Who should I appoint as my Lasting Power of Attorney?
Ultimately, the person(s) you appoint to be your ‘attorney’ should be someone you trust. You can choose anyone such as your partner, a family member or friend as long as they are over the age of 18 and have mental capacity to make their own decisions. You can also choose a solicitor.
When choosing, it is recommended that you consider whether they are comfortable to act on your behalf, how the individual(s) handle their own finances, and situations and which decisions you would be happy for them dealing with. You can choose more than one person, and they can work together or separately, depending on your wishes.
What is a Living Will?
Making a Living Will is an alternative to a health and welfare lasting power of attorney. This enables a person to set out specific wishes regarding medical treatment in an end of life situation, but its scope is much narrower than that of a lasting power of attorney.
We offer advice to help clients select the most appropriate option for their individual circumstances. Powers of attorney and living wills are generally prepared on a fixed-fee basis.
Contact us
If you would like advice about a LPA matter, please complete the form and one of our specialists will be in touch as soon as possible.
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Why choose our Lasting Power of Attorney solicitors?
We’re highly experienced. We have a range of experience working with complex, high-value estates, including those with a foreign element, or business interests.
We tailor advice to you. We take the time to understand your situation and goals, and advise on the different options available and their benefits, giving you peace of mind.
Boyes Turner is ranked as a leading law firm by the legal directories, Chambers UK, and The Legal 500 and has been for many years. When our clients require extra specialist guidance, we have other highly rated private client services, such as property and family law solicitors too.
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