Lasting Powers of Attorney Solicitors

During difficult times, it may be challenging to make choices that are best for you. A Lasting Power of Attorney (LPA) gives you control over how your affairs are managed even if you are unable to.

What is a Lasting Power of Attorney?

An LPA is a document that gives an appointed individual the ability to make decisions on your behalf if you do not have mental capacity or if you still have capacity, with your consent. To create a valid LPA, you must be over the age of 18 years old, and you must have mental capacity at the time the LPA is created.

Your chosen trusted individual would be able to manage your affairs on your behalf and make decisions in line with your preferences or instructions. The LPA must reflect which decisions you wish the individual to have control over.

Why do I need a Lasting Power of Attorney?

An LPA is beneficial for many reasons.

One advantage of an LPA is that you retain some control. You can appoint an Attorney or several, to action your wishes. This person will be chosen by you and therefore you are free to appoint a family member or a friend that knows you best. If you do appoint an Attorney, an LPA will also allow you to limit their powers through the use of preferences and instructions.

Management duties that require urgent attention could be addressed immediately as your Attorney could step in straightaway after the LPA is registered. Most importantly, you have clarity, and peace of mind as to how your affairs will be dealt with.

What happens if I don't have a Lasting Power of Attorney?

If you are deemed not to have the capacity and there is not an LPA in place, the process for managing your affairs will be different. In the absence of an LPA, your family would have to apply to the Court of Protection for a Deputy to be appointed to manage your affairs. The Deputy is nominated by the Court and can be appointed to deal with your affairs in the same way an LPA would.

A deputyship application is lengthy, stressful and expensive. Often, it takes a significant amount of time for the application to be processed especially as permission from the Court is required to deal with financial, property and health and welfare affairs. This can lead to prolonged distress and concern for your family and loved ones. 

The person applying, the deputy, must demonstrate that they are of suitable character to act. The deputy has to find out a significant amount of information about the person financial affairs in order to apply. This can be extremely difficult to find out at a time when the person has lost mental capacity to manage their own affairs.  

At KaurMaxwell: independent law firm, our team has vast experience in creating LPAs to ensure you have peace of mind that your families and relatives will have the power to manage your affairs. 

Distinguishing Between Different Types of Lasting Power of Attorney

Power of Attorney for Property and Financial Affairs

This type of LPA gives your attorney the authority to make decisions regarding your property and financial affairs if you're unable to make them yourself, or with your permission whilst you have mental capacity. It can include managing bank accounts, paying bills, or selling property on your behalf.

Power of Attorney for Health and Welfare

The health and welfare lasting power of attorney grants your appointed attorney the authority to make decisions about your healthcare and welfare only if you're unable to make them yourself. This can include medical treatment, where you live, and day-to-day care.

How Mental Capacity Affects the Implementation of LPA

The ability to make decisions is fundamental in the implementation of an LPA. It's essential to establish mental capacity when creating an LPA, ensuring that decisions are made in your best interests.

Enduring Power of Attorney Vs. Lasting Power of Attorney

While enduring power of attorney (EPA) was the previous legal framework, LPAs have replaced EPAs. LPAs are designed to provide more comprehensive powers and protections, making them the preferred choice for managing decision-making responsibilities. They also give you control over when the document can be registered. 

Although it is not possible to create an EPA anymore, if you still have one it remains valid. EPAs must be registered if the person who made the EPA is losing mental capacity. We can review existing EPAs to see if they are still fit for purpose and if so help register them if it becomes necessary. We can help with notifying the relevant parties as part of the EPA registration process. 

Role of Solicitors in Establishing Different Types of LPA

Experienced solicitors play a crucial role in guiding individuals through the process of establishing different types of LPAs, ensuring that the documents accurately reflect their preferences and intentions.

Our specialist team will ensure the LPAs are registered efficiently without unnecessary delay because of common mistakes in the documentation. 

Understanding the Requirements for Making Decisions Under an LPA

When making decisions under an LPA, it's essential to ensure that the appointed attorney acts in the best interests of the donor, the person who made the LPA. This includes making decisions that align with the donor's wishes and preferences.

Role of the Court of Protection in Lasting Power of Attorney

The Court of Protection may become involved if there are disputes or concerns about the decisions being made under an LPA. Seeking legal advice when facing such situations can help resolve any issues effectively.

Applying for and Registering a Lasting Power of Attorney

Applying for and registering an LPA involves completing the relevant forms and submitting them to the Office of the Public Guardian. This legal process requires careful attention to detail and compliance with the established regulations. If LPAs are not reviewed carefully, it can cause an unnecessary delay in the registration process. 

Legal Implications and Responsibilities of the Nominated Attorney

When appointed under an LPA, the nominated attorney holds significant responsibilities and must act in the best interests of the donor. Understanding the legal implications and obligations is crucial for individuals taking on this role.

Appointment of More Than One Attorney Under an LPA

In some cases, individuals may choose to appoint up to four attorneys under an LPA. This decision should be made carefully, considering the potential complexities and ensuring that the appointed attorneys can work together effectively. Our specialist solicitors can help navigate the suitability of attorney appointments.

Working with Lasting Power of Attorney Solicitors

How Lasting Power of Attorney Solicitors Can Help

Our experienced lasting power of attorney solicitors can provide essential guidance and support throughout the process of creating an LPA. They ensure that the documentation accurately reflects the individual's instructions and preferences.

The Importance of Seeking Legal Advice for Your LPA

Seeking legal advice when creating an LPA is crucial to ensure that the document aligns with legal requirements and effectively represents the individual's preferences. This can prevent potential issues in the future. LPAs are frequently rejected because of common mistakes and not signing the documentation in the correct sequence. KaurMaxwell’s experienced solicitors can help avoid these common mistakes which add to further delays. 

Understanding Fixed Fee and Costs Involved in LPA Process

It's important to understand the fixed fees and costs involved in the LPA process. Knowledge of the financial implications ensures that individuals are well-prepared and can navigate the process without unexpected financial burdens.

Dealing with the Office of the Public Guardian

The Office of the Public Guardian oversees the registration and supervision of LPAs. Working with our experienced solicitors can facilitate interactions with the Office of the Public Guardian, ensuring compliance with all necessary regulations. They can help avoid rejected applications due to mistakes in the paperwork. 

Challenges and Complexities in Making Decisions Under an LPA

There can be various challenges and complexities in making decisions under an LPA. Experienced solicitors provide invaluable support in navigating these complexities and ensuring that decisions are made effectively. Our lawyers can advise on specific instructions and preferences to either widen or limit the powers under the LPAs. 

Security and Safeguarding Under Lasting Power of Attorney

Legal Measures to Protect Against Incapacity to Make Decisions

Implementing legal measures through an LPA protects individuals against the potential incapacity to make decisions, ensuring that their affairs are managed as per their preferences and best interests.

Risks and Precautions in Granting Powers to Your Attorney

Granting powers to an attorney under an LPA comes with risks, and it's essential to consider the potential precautions to safeguard against any misuse or abuse of powers. Legal advice can provide invaluable insights in this regard.

Regulatory Guidelines and Compliance with LPA

Compliance with the established regulatory guidelines is crucial. Working with our team of experienced legal professionals ensures that the LPA complies with all necessary regulations.

Ensuring Compliance with the Office of the Public Guardian

Compliance with the Office of the Public Guardian is vital in the LPA process. KaurMaxwell’s legal advisors lend their expertise in ensuring that all interactions with the Office of the Public Guardian meet the required standards.

Avoiding Abuse and Misuse of Power Under LPA

One of the key objectives of an LPA is to prevent abuse and misuse of power. Working with our solicitors specialising in this area can provide individuals with the necessary safeguards and protections.

Why Choose KaurMaxwell’s Family Law Solicitors?

When you choose KaurMaxwell solicitors, you gain access to a team of dedicated professionals with a proven track record of success. 

Recognition from Legal Directories like Legal 500 and Law Society

We are proud to be recognised by prestigious legal directories such as Legal 500 and the Law Society, a testament to our commitment to excellence.

Commitment to Offering the Best Possible Legal Advice and Guidance

Our team is dedicated to offering the best possible legal advice and guidance, empowering you to make informed decisions about your family's future.

Diverse & Comprehensive Expertise

The team at KaurMaxwell brings together diverse expertise in civil and commercial litigation, property law, employment, insolvency and restructuring law.

Frequently Asked Questions:

What are the two types of Lasting Power of Attorney?

The two types of Lasting Power of Attorney are Property and Financial Affairs LPA and Health and Welfare LPA.

When should I consider creating a Lasting Power of Attorney?

It is advisable to create a Lasting Power of Attorney when you are still mentally capable. Once you lose mental capacity, it is too late to create an LPA.

What happens if I lose mental capacity and don't have a Power of Attorney in place?

If you lose mental capacity and do not have a Power of Attorney in place, someone would need to apply to the court to become a deputy to make decisions on your behalf. This can be time-consuming and costly.

Can I appoint more than one attorney in my Lasting Power of Attorney?

Yes, you can appoint more than one attorney in your Lasting Power of Attorney. You can specify whether they are to act jointly, jointly and severally, or in a specific order. You can appoint primary attorney and replacement attorneys to step in if the primary ones cannot act. 

Can I removed an attorney?

Whilst you still possess mental capacity it is possible to partially revoke an LPA to remove a particular attorney. 

What are the responsibilities of an attorney under a Lasting Power of Attorney?

Attorneys under a Lasting Power of Attorney are responsible for making decisions in the donor's best interests, managing their financial affairs, and/or making healthcare decisions, depending on the type of LPA.

How can I make an LPA?

To make an LPA, you must complete the necessary forms, have them signed by all relevant parties, and register the LPA with the Office of the Public Guardian.

What is the role of a certificate provider in creating a Lasting Power of Attorney?

A certificate provider is a person who certifies that the donor understands the significance and purpose of creating an LPA. It is mandatory for the LPA be signed by a certificate provider in order for it to be registered. This role is typically fulfilled by a professional, such as a solicitor.

What can probate solicitors help with about the Lasting Power of Attorney?

Private client solicitors can guide individuals through the process of creating a Lasting Power of Attorney, ensure that the necessary legal requirements are met, and provide advice on estate planning and power of attorney issues.

Is it necessary for a solicitor to be involved in creating a Lasting Power of Attorney?

While it is not mandatory to involve a solicitor in creating a Lasting Power of Attorney, our team of expert solicitors can provide valuable expertise, ensure that the LPA is legally valid, avoid unnecessary delays and offer vital guidance throughout the process. We can help with selecting suitable attorneys, act as certificate provide, guide on how powers can be limited or enhanced and liaise with the Office of the Public Guardian for you during the registration process. 

How to Appoint a Lasting Power of Attorney Solicitor?

Given the legal complexities involved, seeking the assistance of lasting power of attorney solicitors is advisable. Our specialist team can provide the necessary guidance and expertise in setting up an LPA that aligns with your specific needs and preferences.

What are the Benefits of Having a Lasting Power of Attorney?

Creating a lasting power of attorney provides peace of mind, knowing that someone you trust will make important decisions on your behalf if you cannot. It ensures that your best interests are protected and that your affairs are managed according to your wishes.

How long does the process take?

Once an LPA is drawn up in line with your wishes, you need to sign the document, the individuals you are appointing to make decisions on your behalf need to sign the paperwork and your certificate provider. This all needs to be witnessed correctly and signed in the correct sequence. This stage is completed once everyone’s signatures can be co-ordinated. 

The registration process can take 20 weeks with the Office of the Public Guardian at this time.