If you are searching for ‘Lasting Power of Attorney solicitors near me’, it is safe to assume that you wish to ensure that your affairs, or those of someone you love, are managed by somebody you trust in the event that you, or your loved one, become unable to do so yourselves. Our Lasting Power of Attorney solicitors are experienced
What Is A Lasting Power Of Attorney?
A ‘Lasting Power of Attorney’ (sometimes called an ‘LPA’) is a document through which you elect a trusted individual, or individuals, to act as your ‘attorney’ and make decisions on your behalf if you become unable to do so.
The law recognises the high level of trust afforded to attorneys under LPAs and imposes strict legal duties on them to safeguard your interests. The Court of Protection can cancel an LPA if an attorney breaches their duties by, for example, making excessive gifts to themselves or their acquaintances. Our Lasting Power of Attorney solicitors will advise you on the legal framework which exists to protect your interests under an LPA.
People often only turn their minds to Lasting Power of Attorneys when they are ageing or diagnosed with a condition that may render them unable to make decisions in the future. It is, however, sensible to consider making Lasting Powers of Attorney before then. If you unexpectedly become incapable of managing your affairs, your spouse or next of kin does not automatically have the right to do so. This may mean they cannot access funds to finance your care or make decisions regarding your medical treatment. Having the appropriate Lasting Powers of Attorney in place can provide peace of mind that your affairs will be looked after if you suddenly become unable to manage them and that those your care about will be able to make important decisions on your behalf and access any funds required.
How Do I Create A Lasting Power Of Attorney Near Me?
You do not need to instruct a solicitor to prepare an LPA, but many choose to do so to ensure that the LPA accurately and clearly reflects their wishes and is valid. Our experienced Norwich-based lasting power of attorney solicitors have vast experience in assisting clients in preparing LPAs and will guide you through the process, making sure that you fully understand your position, have considered all pertinent issues and that the LPA is properly drafted and meets your requirements. To be valid, LPAs need to be registered with the Office of the Public Guardian, and our Lasting Power of Attorney solicitors will take care of all relevant filing requirements on your behalf.
What are the different types of Lasting Powers of Attorney?
There are two types of LPA; a Property and Financial Affairs LPA and a Health and Welfare LPA.
Property And Financial Affairs Lasting Power Of Attorney
Under a Property and Financial Affairs LPA, the person (or people) nominated to act as your attorney are given the power to make decisions regarding your money and property. This type of LPA comes into effect as soon as it is registered, so if you wish to delay its application, you must ensure that the LPA is clear about when it is to come into force.
A Property and Financial Affairs LPA provides peace of mind that if you are unable to manage your financial affairs, they will be taken over by somebody you trust. You can specify the types of decisions your attorney can make on your behalf or allow them to make all relevant decisions. The types of decisions an attorney may be given power over under a Property and Financial Affairs LPA include –
- Managing your bank accounts;
- Managing your investments;
- Collecting your income;
- Using your money to buy the items you need or purchase gifts on your behalf;
- Dealing with your property –for example, selling it or renting it out.
Health And Welfare Power Of Attorney
A Health and Welfare LPA only takes effect when you become unable to make decisions regarding your health and welfare. If your incapacitation is temporary – you are in a coma following an accident and subsequently recover, for example – you will revert to making decisions for yourself once able to do so.
The matters over which an attorney may be granted power under a Health and Welfare LPA range from everyday matters such as eating and general hygiene to life-sustaining medical treatment. You can detail the instructions your attorney must follow when making the relevant decisions or list your preferences and the matters they should consider in specified situations. If you want your attorney to have the power to decide whether you should receive life-saving treatment, this must be clearly stated in the LPA; if there is any doubt over your wishes in this regard, the power will be given to your medical team.
You can cancel an LPA at any time, provided you have the required mental capacity.
How Much Do Lasting Power Of Attorney Solicitors Near Me Charge?
The fees involved in preparing your LPA will depend on your circumstances. Our Lasting Power of Attorney solicitors will be able to provide an initial estimate once they have a feel for the issues involved. They are committed to providing first-class legal advice in a cost-effective way and strive to keep costs to a minimum. They understand that legal costs are often a cause of concern to clients, so they will ensure that you are kept fully up to date on fees and provided with regular fee quotes, updates and breakdowns.