Making a Lasting Power of Attorney

Creating a Lasting Power of Attorney allows you to designate a trusted individual to make decisions on your behalf regarding your finances and personal welfare if you lose mental capacity due to illness or injury. An LPA ensures your preferences are respected and your affairs are managed by someone you trust. Additionally, having an LPA in place can prevent unnecessary stress and complications for your loved ones during difficult times.

At Burt Brill & Cardens, we provide a comprehensive LPA service tailored to your personal circumstances. Our solicitors can guide you through the process, prepare the necessary forms, and assist with the certification. Understanding the implications of an LPA and how it can benefit you is crucial.

You can create an LPA by working with our experienced solicitors, who will help you understand your options and prepare the required documents. The process involves filling out the LPA forms, obtaining the necessary certification, and ensuring your chosen attorneys sign the document. Once everything is completed, the LPA can be registered with the Office of the Public Guardian.

There are two types of LPA: one for property and financial affairs, which can be used immediately upon registration, and one for personal welfare, which only comes into effect when you lose capacity. Since the registration process typically takes five to six weeks, initiating this as soon as possible is advisable to ensure your affairs are managed seamlessly.

You can nominate up to five individuals on the application form who will be notified when the LPA registration is submitted. These individuals should be people you trust, such as family members, who are concerned for your well-being. Establishing an LPA is a proactive step in ensuring your financial and personal affairs are managed according to your wishes.

If you do not create an LPA and later lose mental capacity, decisions about your affairs will be made by the Court of Protection. This can be a lengthy and costly process, and the court will appoint a deputy who may not be familiar with your preferences or wishes. An LPA allows you to choose your decision-maker, ensuring your choices are respected.

Yes, you can change or revoke your LPA at any time, as long as you have the mental capacity to do so. If you decide to revoke an LPA, you should inform your attorneys and the Office of the Public Guardian to prevent any future decisions from being made under the revoked LPA.

A health and welfare LPA allows your attorney to make decisions about your personal health care, medical treatment, and living arrangements when you are unable to do so. In contrast, a property and financial affairs LPA gives your attorney the authority to manage your finances, including paying bills, managing bank accounts, and selling property if necessary. You can create one or both types of LPA, depending on your needs.

Attorneys have the authority to make decisions specified in the LPA. For a property and financial affairs LPA, this may include managing bank accounts, paying bills, selling assets, or making investments. For a health and welfare LPA, attorneys can make decisions about your medical treatment, care arrangements, and where you live. However, attorneys must always act in your best interests and follow any guidance you have provided in the LPA.

If your appointed attorney cannot fulfil their role for any reason, you may need to appoint a new attorney. It’s important to consider this possibility when selecting your attorney, and you may wish to name a substitute attorney in your LPA to ensure continuity.

Choosing the right attorney is crucial. You should select someone you trust implicitly, who understands your values and wishes and can handle the responsibilities involved. It can be a family member, a close friend, or a professional adviser, depending on your specific circumstances.

Yes, creating an LPA involves costs, including legal fees for advice and document preparation and fees for registering the LPA with the Office of the Public Guardian. We provide transparent pricing and fixed-fee options for our services to help you understand the costs upfront.

Feel free to contact us at 01273 604123 or email enquire@bbc-law.co.uk if you have more questions or need assistance setting up your Lasting Power of Attorney.