A Lasting Power of Attorney (“LPA”) is a legal document by which someone (“the Donor”) gives someone they trust (“the Attorney”) power and authority to make decisions and carry out transactions on behalf of the Donor. Without an LPA, no-one would have legal authority to manage another person’s affairs if they became incapable of managing themselves, whether through old age, illness or injury. Making an LPA avoids the time consuming and expensive process of an application to the Court of Protection for a deputyship order.
A Lasting Power of Attorney is a powerful tool which should not be given lightly. Although the (lengthy) forms that are needed to create an LPA can be bought or downloaded from the internet, we believe that seeking the assistance of a member of our experienced team can give peace of mind at the time of taking such an important step.
Making a Lasting Power of Attorney
When people come to see us, we take time to discuss with them their intentions, needs and personal circumstances so that we can tailor our advice and help appropriately. A broad outline of the work we offer includes:-
- Ascertaining the Donor’s intentions and the reasons behind them so that we can discuss the various aspects of LPA’s which might be of particular concern or assistance.
- Explaining the various aspects of LPA’s including: what type of LPA is appropriate; who would be a suitable attorney; how many attorneys are needed; do proposed attorneys need any specific powers or restricted powers?
- Preparing the forms for LPA and arranging the Donor’s signature to them.
- Making arrangements for completion of the requisite Certificate(s) by an independent third party.
- Making arrangements for completion of the forms by the Donors proposed Attorney(s)
- Serving notice of any application to register the LPA, if applicable.
- Submitting the application to register the LPA(s) to the Office of the Public Guardian. An LPA cannot be used by an Attorney until it has been registered.
- Providing a copy of the registered LPA(s) certified by a Solicitor.
Changing a Lasting Power of Attorney
Unfortunately, sometimes things do go wrong after an Attorney has been appointed. The Attorney may fall ill, move abroad, get into financial difficulties or not offer the help that was desired. As long as the Donor is mentally capable, an LPA can be cancelled and we can also offer assistance on the cancellation process and making a new LPA.