Lasting Power Of Attorney

You can grant lasting power of attorney (LPA) to a person or persons in order for them to make long-term decisions on your behalf. These powers come into effect either when you lose the mental capacity to make decisions independently, or when you decide you no longer want to make decisions. There are two main areas covered by LPAs:

Property And Financial Affairs LPAs

Granting property and financial affairs LPAs allows your attorney to make decisions related to your property and finances. This can include the day-to-day responsibilities of managing your current and savings accounts; paying bills, rent, or mortgage; and collecting your benefits or pension. It can also give your attorney the authority to make larger financial decisions, such as whether to sell your property or other assets, for example to help pay for your care.

Health And Welfare LPAs

Health and welfare LPAs, sometimes called personal welfare LPAs, grant your attorney the power to make decisions relating to your daily routine, your living arrangements (such as whether you should be moved into a care home), your day-to-day medical care, and life-sustaining medical treatments.

Ordinary Power Of Attorney

You can grant someone ordinary power of attorney if you would like them to make decisions about your financial affairs on your behalf on a short-term basis. This grants fewer powers to your attorney and can be suitable if you are temporarily unable to make decisions, for example if you are in hospital or out of the country.

Enduring Power Of Attorney

An enduring power of attorney (EPA) is an older version of LPAs. EPAs were replaced in October 2007, but if you made and signed an EPA before this date it will still be valid and grants your nominated attorney the power to make decisions relating to property and financial affairs on your behalf.

What We Can Offer You

Nominating an attorney to act on your behalf on either a short or long-term basis is a decision that should be made with careful consideration and full knowledge of the implications. In addition, there is standard wording that must be used when nominating your attorney. For these reasons we recommend getting in touch with a knowledgeable legal expert who can walk you through your options and help you produce a valid document granting ordinary or lasting power of attorney.

Our Private Client team are experienced in helping clients tailor grants to suit their needs. We can offer valuable advice on who to nominate and what powers to grant them and can assist you in filling out the necessary forms correctly to ensure no problems arise at a later date. We offer a considerate and expert service throughout the nomination process and beyond.

Below are some examples of cases our Private Client team have dealt with in relation to Powers of Attorney:

• Prepared Lasting Powers of Attorneys with carefully drafted bespoke clauses to ensure clients wishes are expressed clearly and, where appropriate, are binding upon the attorneys.
• Met with clients who had an immediate need for the use of a power of attorney and advised them to have both Ordinary Power of Attorney and Lasting Power of Attorney drawn up.
• Advised clients who had an Enduring Power of Attorney in place and wished to discuss whether they should make a Lasting Power of Attorney.