A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you lose mental capacity or are unable to communicate. There are two types of LPAs:
- Property and Financial Affairs LPA: This allows your appointed attorney to manage your financial affairs, such as paying bills, selling property, and making investments.
- Health and Welfare LPA: This allows your appointed attorney to make decisions about your health and welfare, such as where you live, what medical treatment you receive, and who can visit you.
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Free Initial Telephone Discussion
For a free initial discussion on how we can help you deal with the legal implications of creating a lasting power of attorney, get in touch with us today. We are also experienced in dealing with all aspects of Wills and Probate and we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
The Process of Appointing a Power of Attorney
The process of appointing a power of attorney involves several steps:
- Choose Your Attorneys: Decide who you want to appoint as your attorneys. You can choose different attorneys for your Property and Financial Affairs LPA and your Health and Welfare LPA. It’s important to choose people you trust and who are likely to act in your best interests.
- Obtain the LPA Forms: You can obtain the LPA forms from the Court of Protection. You can download them online or request them by post.
- Complete the Forms: Carefully complete the LPA forms, providing all the necessary information. You will need to provide details about yourself, your appointed attorneys, and the powers you are granting to them.
- Get the Forms Witnessed: Your LPA forms must be signed and witnessed by two people who are not named as your attorneys. These witnesses must confirm that they saw you sign the forms and that you were of sound mind at the time.
- Register the LPA: Once you have completed the forms and had them witnessed, you will need to register them with the Court of Protection. You can register your LPA online or by post.
Important Considerations
When appointing a power of attorney, there are several important considerations:
- Mental Capacity: It’s important to ensure that you have the mental capacity to make a valid LPA. If there are any concerns about your mental capacity, you may need to undergo a mental capacity assessment.
- Choosing Your Attorneys: Choose your attorneys carefully. Consider their reliability, trustworthiness, and suitability for the role. It’s also important to discuss your wishes and expectations with your chosen attorneys.
- Reviewing and Updating Your LPA: Your circumstances may change over time, so it’s important to review your LPA regularly and make any necessary updates.
- Seeking Legal Advice: If you have any questions or concerns about LPAs, it’s recommended to seek legal advice from a specialist in Lasting Powers of Attorney.
How we can help
We have a proven track-record of helping clients create a lasting power of attorney. This also includes all the different types, even if you need more than one. We are a multidisciplinary firm and have all the expertise inhouse to satisfy the most exacting requirements of our clients. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
How to Contact Our Wills and Probate Solicitors
It is important for you to be well informed about the issues and possible implications of creating a Lasting Power of Attorney. However, expert legal support is crucial in terms of ensuring your wishes are met as you would want them to be.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.