An Expert Team To Help You With Lasting Powers Of Attorney

More people are taking the vital step to plan for the future by applying for lasting powers of attorney and it is essential to make sure that it is as safe and simple as possible to do so”.

Sophie Bacon, Solicitor, Personal Law, BTMK

What is Lasting Power of Attorney?

Lasting Power of Attorney, known also as an LPA, allows you to appoint someone else, the attorney, to make decisions on your behalf should you lose the mental capacity to make those decisions for yourself.

There are two types of LPA, one to cover finances and property, and one to cover your health and welfare. Its often the case that older people will apply, choosing a trusted family member or members, or close friend to be responsible for making decisions in the event that it becomes necessary.  Attorneys must be over 18.

Lasting Power of Attorney comes into effect if you cant make decisions, no longer want to make them or lose the mental capacity to decide for yourself. For example, you may need someone to help if you are diagnosed with a condition such as Alzheimers and may lose capacity in the future.

An LPA would make sure you’re covered for the future.

You may also need someone to help over a short-term period, for example, you are taken into hospital for a period of time and need someone to help with the bills.

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The Team At BTMK

Our professional team are experts at dealing with vulnerable clients and have extensive experience in advising the elderly. For many years we’ve been working with clients of all ages – and often several generations of the same family.

We tailor our advice to your needs, and our aim is to make every step of the way as straightforward and easy as possible for you. This can include advice on asset protection, long term care contracts, Powers of Attorney, Court of Protection issues, making gifts, Wills, Statutory Wills and funeral planning.

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Give us a call today for a FREE initial chat with one of our legal experts.

Call us on 03300 585 222

Types Of Lasting Power Of Attorney

There are two types of Lasting Power of Attorney – a financial LPA and a health and welfare LPA. You can’t assume that because you are married, or in a civil partnership that you will automatically be given access to deal with a spouse’s affairs. With our advice you can choose, for example, how you want the attorney to act on your behalf, where they have the power to make decisions and how long for.

You can restrict the decisions your attorney can make or have them make all decisions on your behalf. We can look at your personal circumstances and advise you on the course of action that’s right for you.

Lasting Power Of Attorney For Your Property And Financial Affairs

These can come into effect while you still have capacity, or you can choose your LPA to come into force if you lose mental capacity. They might cover:

  • Selling your home
  • Managing bank accounts
  • Pensions
  • Paying bills or the mortgage
  • Arranging for repairs and alterations to your property

Your attorney must keep proper accounts of your finances. You can ask for these to be sent to a solicitor or a family member, as an extra safeguard, should you lose mental capacity.

Lasting Power Of Attorney For Your Health And Welfare

This covers health and care decisions should you lose mental capacity to make decisions for yourself. This might include:

  • Where you live
  • The medical treatment you receive, including life-saving treatment
  • The food you eat
  • Social activities you participate in and who you have contact with

A Lasting Power of Attorney is a powerful legal document and should be made as straightforward as possible. It should also make you feel reassured that in the event you lose capacity in the future, your wishes are carried out in the way you would choose. Our team can advise you on the restrictions and controls that allow an attorney to carry out your wishes but with your best interests at heart.

Powers of Attorney are registered through the governmental department, the Office of the Public Guardian. The OPG can also offer support for attorneys and investigate complaints about attorneys.

Get in touch

Give us a call today for a FREE initial chat with one of our legal experts.

Call us on 03300 585 222

BTMK. Dedicated Specialists In Wills, Inheritance And Probate Work

We are one of the few firms in the region with a dedicated, highly experienced litigation solicitor specialising in Wills, Inheritance and Probate work.

Where we can, we always try and resolve a dispute before making an application to the Court of Protection, but where this isnt possible, we can use our significant experience of both the Mental Capacity Act 2005 and the Civil Procedure Rules and the Court process to ensure that applications can be made as quickly as possible, recognising that these can be challenging times for families.

We also appreciate that it isnt always easy for clients to get to us, and if you are unable to attend our offices, we offer home visits.

FAQs

How many Attorneys can I have?

There isn’t actually a limit on the amount of Attorneys you can have. The number of Attorneys you can have is generally advised to depend on your personal circumstances. But, we would always recommend appointing at least two Attorneys.

Are there different types of Lasting Powers of Attorney?

Yes, there are two types of Lasting Power of Attorney in England and Wales. Lasting Power of Attorney replaced Enduring Power of Attorney in 2007. Enduring Power of Attorneys that were signed before then are still valid and can be registered. However, the Lasting Power of Attorney is far more flexible. You can have a Lasting Power of Attorney that is related to your financial affairs and property and one that is related to your health and welfare. 

When can an Attorney act?

An Attorney is only able to make decisions when the Lasting Power of Attorney has been registered at the Office of The Public Guardian. If an Attorney has been appointed under a health and welfare power, they can only make decisions on behalf of the Donor when they no longer have the mental capacity to do so themselves.

Who can act as an Attorney?

Anyone who is over the age of 18 can act as an Attorney. It is common for Donors to appoint close members of their family as their Attorneys.

Can an Attorney sell my home?

Your Attorney can only sell your home if it’s in your sole name. If you jointly own your property, then they would have to speak with the other owners. If your Attorney is also a co-owner (for example, your husband or wife), then they cannot sell the house on their own without an appointed Trustee. 

What is the Lasting Power of Attorney Register?

It is a database that contains details of all legally registered Lasting Powers of Attorney. Once a Lasting Power of Attorney has been registered, anyone can apply to search the register.

How long does a Lasting Power of Attorney last for?

A Lasting Power of Attorney expires when the Donor passes away. The basic logic for this in England and Wales is that the Lasting Power of Attorney enables decisions to be made when someone can no longer make them themselves, but when they die, decision making would also cease to exist. The documents can also be revoked if you no longer want them in place as long as you have mental capacity to do so.

Can I restrict the amount of power my Attorney has?

Yes, within the Lasting Power of Power, you can state how you want your Attorney to act on your behalf. For example, you may wish not to give your Attorney authority over some of your property and financial affairs but want them to be able to make decisions about your health and care.

What is the Office of The Public Guardian?

The Office of the Public Guardian is a government organisation that sits within the Mental Capacity Act 2005 framework. It protects the private assets, financial affairs and personal welfare of people who lack the mental capacity that is needed for making decisions.

What happens if I haven't appointed an Attorney and I lose mental capacity?

It is always best that the Lasting Powers of Attorney are put in place as you will not be able to make these if you lose capacity. If you have not made one then your family members would have to make an application to the Court of Protection to obtain a Deputyship Order allowing them to deal with your affairs.

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Saul Caplan

Wills, Inheritance, Trusts and Probate | BTMK Goodson

Sophie Bacon

Private Client | BTMK Todmans

Paula Dallison

Private Client | BTMK Todmans

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Wills, Inheritance, Trusts & Probate | BTMK Goodson

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Wills, Inheritance, Trusts and Probate | BTMK Goodson

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Wills, Inheritance, Trusts and Probate | BTMK Goodson

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Wills, Inheritance, Trusts and Probate | BTMK Goodson

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Wills, Inheritance, Trusts and Probate | BTMK Goodson

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Wills, Inheritance, Trusts and Probate | BTMK Todmans

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Wills, Inheritance, Trusts and Probate | BTMK Goodson

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