A Lasting Power of Attorney is a document which appoints someone (or more than one person) as your attorney so they can manage your financial and legal affairs in the same way that you would if one day you were to find it difficult or impossible to do this yourself.  They are inexpensive to set up and will give you peace of mind of knowing that should the worst happen, your affairs will be properly looked after by someone you trust to do it.

The Lasting Power of Attorney - Property and affairs

If in the future you lack capacity to deal with your affairs, your Attorney(s) can help with the following:

• Operate your bank accounts
• Claim pensions and benefits
• Make tax returns
• Pay your household expenses
• Buy, lease, sell property
• Pay for private medical care and residential care costs

The Lasting Power of Attorney - Property and affairs can only be used once it is registered with the Office of the Public Guardian.

The Lasting Power of Attorney - Personal welfare

This can only be used after you have lost the capacity to make your own decisions and in those circumstances, your Personal Welfare Attorney will be able to help with the following:-

• Deal with social and health care needs
• Decide where you live
• Make day-to-day decisions
• Make decisions about what medical care you will receive
• Decide what social activities you might participate in

Your Personal Welfare Attorneys cannot:- 

• Consent to adoption of a child on your behalf 
• Give or consent to you being given medical treatment for a mental disorder
• Vote on your behalf
• Consent to marriage or civil partnership
• Consent to a divorce or dissolution of a civil partnership on the basis of two years’ separation

 Safeguards:-

• You have to make the Lasting Power of Attorney yourself before you lose mental capacity - no one can make it for you
• Your Lasting Power of Attorney must be registered before it can be used
• This registration process offers safeguards because certain people have the right to object
• Your Attorney(s) must follow a Code of Practice and if they do not they can be found guilty of a criminal offence
• The Office of the Public Guardian has powers to investigate any abuses of duty by an Attorney
• You can place restrictions in the Lasting Power of Attorney  about what you want your Attorney to do (or not do)
• You can apply to the Court of Protection - the specialist Court for deciding all issues relating to people who lack mental capacity
• The Court of Protection has power to decide whether the Power of Attorney is valid, to hear objections to registration, and to decide the scope of Attorney powers and removal of Attorney powers

What if you have an Enduring Power of Attorney (EPA)?

• Any existing Enduring Power of Attorney will still be valid
• You can no longer create new Enduring Power of Attorney(s)
• You can no longer amend an existing Enduring Power of Attorney 

We recognise that people don't always need full support to prepare their Power of Attorney:-   

• Many people prefer a face to face consultation
• However, our Fixed Fee Lasting Power of Attorney (personal welfare) and Lasting Power of Attorney (property & affairs) services offer choices according to what you can afford and how much support you want

Please contact us to discuss how our Wills and Probate team can help you complete a Lasting Power of Attorney.