We have adapted our will and LPA service to make them more accessible. During the current social restrictions caused by the Pandemic our will and LPA service will be available to you over Zoom and Skype. For those unable to use Zoom/Skype we are also offering the service over the telephone. Talk to us on 0113 320 5000 about making your will and LPA.
A Lasting Power of Attorney (‘LPA’) is a legal document which allows a person to appoint someone they trust (the ‘Attorney’) to make decisions for them when they no longer have the mental capacity to make them themselves. An LPA has to be made while the person concerned (the ‘Donor’) still has the mental capacity to give their consent to handing over their affairs.
For people who fear losing mental capacity at some stage, the advantage of an LPA is that planning can be made for such an eventuality. With an LPA you can plan for the decisions you want to be made on your behalf, the people you want to make those decisions and how you want the people concerned to make those decisions. In this way you can plan how your health, personal and financial matters can best be handled should you lack the capability to do so yourself.
The consequence of not preparing an LPA could mean that a mentally incapable person’s loved ones would have to make an deputyship application to the Court of Protection to have someone appointed as a “Deputy” to be able to access their finances. This can be a long as well as a costly process. Those with no close relatives would have an Independent Mental Capacity Adviser appointed by the court.
LPAs allow a Donor to nominate different Attorneys to assume responsibility for different decisions. For example, one Attorney may be responsible for finances and another responsible for decisions relating to the Donor's personal welfare.
Whatever the scope of their decision making responsibilities, Attorneys are under a duty to act in the Donor's best interests at all times. LPAs will only become valid once they are registered with the Court of Protection. Once the LPA has been registered with the Court, your Attorney(s) will be able to act on your behalf in accordance with the terms of the LPA.
It is vital to give consideration as to whom you wish to nominate as your Attorney(s). Our team are experienced in writing detailed and effective LPAs and are on hand to provide the advice and guidance you need.
We advise all of our clients to create an LPA at the same time as making a Will.
A Lasting Power of Attorney (LPA) is a legal document which allows a person to appoint someone they trust (the ‘Attorney’) to make decisions for them when they no longer have the mental capacity to make them themselves. An LPA has to be made while the person concerned (the ‘Donor’) still has the mental capacity to give their consent to handing over their affairs.
In theory, you could have as many as you like but in practice, you would not normally have more than 4. If you appoint more than one, you do have to say whether they are to act: A. Jointly – meaning that any decisions must be taken by all attorneys together. B. Jointly & Severally – meaning that: each attorney can make a decision independently of the other. If it is joint and several the Lasting Powers of Attorney will not end if an attorney can no longer act but it would do normally if the attorneys have to act jointly.
No. As long as you have mental capacity, you retain control. In fact, you can always revoke the power of attorney. With a health and welfare lasting power of attorney, your attorney cannot in fact make decisions unless you have lost mental capacity.
An attorney is a name for someone who acts on behalf of another person. You can choose your attorney. The attorney may be a member of your family, friend or professional person.