Lasting Power of Attorney

 Lasting Power of Attorney
There may come a time in your life when you lose the mental capacity to manage your own financial affairs or personal welfare owing to some form of illness or incapacity.

By making a Lasting Power of Attorney for property and financial affairs or health and welfare ASAP, you can appoint someone in advance who you trust to make decisions for you should you lose the mental capacity to act for yourself in the future.

It is very important to make and register a Lasting Power of Attorney with the (OPG) Office of The Public Guardian sooner rather than later, as Lasting Powers of Attorney can only be made while you still have the mental capacity to do so.

Our Lasting Power of Attorney Service

We provide a comprehensive Fixed Fee Lasting Power of Attorney Service to our clients. Starting with a free initial discussion on your Lasting Power of Attorney requirements, so you can make an informed decision on whether you want us to complete your Lasting Power of Attorney forms for you and guide you through the signing and registration procedure.

Don't leave making a Lasting Power of Attorney until it's too late

Once you lose mental capacity you will not be able to make a Lasting Power of Attorney and choose who deals with your affairs, instead your friends or family members will have to apply for deputeeship through the court of protection which may take over 8 months and can become very costly.

Free Lasting Power of Attorney Consultation

Our initial consultation is free and you are under no obligation to proceed at any stage. To discuss your requirements with us over the phone - call us on 01473 760 761 or send us a Lasting Power of Attorney Enquiry

More Lasting Power of Attorney Information


Property & Financial Affairs Lasting Power of Attorney

This Allows Attorney(s) make decisions about:

  • Buying and selling the Donor’s property.
  • Opening, closing and operating ban/building society accounts in the Donor’s name.
  • Claiming, receiving and using the Donor’s benefits, pensions and allowances.

The Attorney cannot make the following decisions:

  • Making a Will on the Donor’s behalf.
  • Voting on the Donor’s behalf.
  • Access the Donor’s Will unless the Donor has included a condition that their Attorney can.

Once a Property and Financial Affairs Lasting Power of Attorney is registered Attorney(s) can make decisions for the Donor both when the Donor has mental capacity and when the Donor lacks mental capacity unless the Donor adds a restriction to their Lasting Power of Attorney which states otherwise.

Health & Welfare Lasting Power of Attorney

This Allows Attorney(s) to make decisions about:

  • Giving or refusing consent to particular types of health care including medical treatment decisions.
  • Whether the Donor stays in their own home.
  • Whether the Donor moves into a residential home.
  • Choosing the right care home for the Donor.
  • Day to day issues like dress, daily routine and diet.

The Attorney cannot make the following decisions:

  • Consenting to marriage or civil partnership.
  • Consenting to a Decree of Divorce or Civil Partnership Dissolution based on 2 years separation.
  • Consenting to sex.
  • Medical treatment for a medical disorder if the treatment is regulated by Part 4 of the Mental Health Act 1983.

Once a Health and Welfare Lasting Power of Attorney has been registered, Attorney(s) can only make decisions for the Donor once the Donor lacks mental capacity

Who are the people involved in a Lasting Power of Attorney?

Donor
A person who appoints an Attorney by making a Lasting Power of Attorney.

Attorney
An Attorney is a person given power to act on a Donor's behalf should they lost mental capacity through a Lasting Power of Attorney.

Replacement Attorney
Person who is to replace the Attorney should they die or become unable to act.

Person to be told
To ensure someone has not put the Donor under pressure to make an Lasting Power of Attorney they can choose up to 5 people to be told when an application is made to register their Lasting Power of Attorney. When an application is made to register a Lasting Power of Attorney, each of the Donor's people to be told are contacted by the Donor or an Attorney.

Certificate Provider
Someone the Donor chooses who can confirm the Donor understand their Lasting Power of Attorney and has not been put under pressure to make it and that it has not been completed fraudulently.

(OPG) Office of the Public Guardian
The OPG monitors court appointed Deputies, keeps a register of, and investigates concerns about Attorneys and Deputies. Also provides general information about the Mental capacity act and Lasting Powers of Attorney.

Click Here To Go Back To Our Will Writing Services Page