Drafting LPAs, including both Health and Welfare, and Property and Financial Affairs.
A Lasting Power of Attorney (LPA) is a legal document which enables decisions to be made on behalf of a Donor, or activities to be completed on the donors behalf by the attorney(s). There are two main types of LPA’s:
Lasting Powers of Attorney for health and care decisions. This type of Lasting Powers of Attorney is only to be used when mental capacity has been lost. Decisions which can be made under this LPA for health and care may include:
- Where the donor should live
- The medical care the donor should receive
- The food the donor can eat and the activities the donor can take part in
- Who contact should be made with
- Allow for special permission for life saving treatment
If you lose mental capacity without an LPA in place, an application to the Court of Protection will be required to have a deputy appointed to deal with everyday financial matters. This can be a slow and very expensive process. If you already have an LPA in place, this will not be necessary and save a fortunate on unnecessary costs.
Lasting Powers of Attorney for Financial Decisions. This type of LPA can be used whilst
the donor still has mental capacity. This usually comes into force if the donor loses
capacity. The types of actions permitted include:
- Property and Investments
- Bank and Building society accounts
- Money investments
- Pensions and benefits
For an LPA to be valid there are various requirements that have be demonstrated by the Donor and Attorney; to ensure each party understands the scope of the appointment and the powers that the attorney will have on behalf of the donor. We can prepare your LPA including incorporating any restrictions on its use and guide you through the process.
LPAs must be registered with the Court of Protection before they can be used. This process can take time.
We can provide support even if English is not your first language.
We are happy to visit you in the comfort of your home.
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