Lasting Powers of Attorney

The thought of watching our friends and loved ones losing their mental capacity is hard to bear. Additionally, many of us will then experience the difficulties of dealing with their finances and welfare.

By creating a Lasting Power of Attorney (LPA), you can make your wishes clear if the worst should happen to you.

Our wills and probate solicitors can create an LPA that is legally valid and tailored to your specific needs. This will safeguard your future and the well-being of your loved ones.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney is also known as an LPA. It is a legal document that allows you (the donor) to appoint someone you trust (the attorney) to make decisions on your behalf should you lose mental capacity. This could be due to illness, injury, or old age.

These decisions can cover aspects such as healthcare, finances, and property management.

A Lasting Power of Attorney is a separate document to your will. However, many people put them in place at the same time they write a will.

Do I Need to Make a Lasting Power of Attorney?

It is recommended to make a Lasting Power of Attorney, as without one, your spouse or civil partner will not be able to make decisions about your finances or health and care if you lose mental capacity.

Many people assume that if they are married or in a civil partnership, their spouse or civil partner will automatically be able to make decisions on their behalf, but this is not the case.

As a result it is important to set up an LPA while you still have mental capacity, and this is why many people make them at the same time as creating their Will.

What types of Lasting Power of Attorney are there?

There are two types of LPA, each serving a different purpose:

1. Health and Welfare LPA, and
2. Property and Financial Affairs LPA

Health and Welfare LPA

A Health and Welfare LPA empowers your attorney to make decisions about your:

• Medical care
• Living arrangements, and
• Support services

This type of LPA may also grant or withhold permission for life-sustaining treatment.

Your chosen attorney can only use this LPA when you lack the mental capacity to make these decisions yourself.

Property and Financial Affairs LPA

A Property and Financial Affairs LPA authorises your attorney to manage your:

• Bank accounts
• Investments
• Property, and
• Any other financial matters

Unlike the Health and Welfare LPA, your attorney can use this LPA as soon as it is registered, unless you specify otherwise.

Do I Need a Solicitor to Create a Lasting Power of Attorney?

You don’t need a solicitor to create a Lasting power of Attorney. You can get the forms from the Office of the Public Guardian.

However, people often encounter issues when they create LPAs themselves. Often when it’s too late to do anything about it.

For example, a lack of legal guidance can lead to ambiguous instructions to your attorney(s). This could cause disputes and challenges later. In some cases, your instructions might not even be legally valid.

There have also been cases where the Court of Protection have prosecuted attorneys for breach of duty because they weren’t clear on their role.

We will act as Certificate Provider where we have been instructed to prepare the LPAs as part of our service. However, we don’t offer the service to act as Certificate Provider where clients have prepared their own LPAs.

What are the Benefits of Hiring a Solicitor to Help Create a Lasting Power of Attorney?

Working with a solicitor when creating an LPA offers several advantages:

Expertise and Experience

Solicitors are well-versed in the intricacies of LPA legislation. They can help you understand the legal implications of various provisions. They can:

1. Tailor your LPA to your unique circumstances, and
2. Ensure that it is legally binding and free of errors that could lead to disputes or challenges later.

Professional Guidance

A solicitor can explain the consequences of different LPA provisions.

They can help you appoint suitable attorneys and replacements. They can also register your LPA with the Office of the Public Guardian (OPG).

Peace of Mind

Having a solicitor prepare your LPA ensures that your wishes are respected and carried out.

A professionally drafted LPA also reduces the:

1. Risk of a potential abuse of power and
2. Likelihood of family disputes over your affairs

Why Choose Rothera Bray?

Our Wills and Probate team have a wealth of experience in drawing up LPAs, no matter what your situation.

Once you instruct us you will be assigned a dedicated member of the team who will deal with your matter from start to finish and keep you updated at all stages.

Each of our seven offices across Nottinghamshire, Leicestershire and Derbyshire has fully qualified Wills and Probate staff who can advise and support you on your matter.

We can offer home or hospital visits if more convenient.

Several of our solicitors are members of the Association of Lifetime Lawyers and the Society of Trust and Estate Practitioners (STEP).