Nowadays, more people than ever are making a Lasting Power of Attorney in the UK to ensure that control of their finances and health-related matters passes to someone they trust if they become unable to make decisions for themselves. Our expert Lasting Power of Attorney solicitors have a wealth of experience in the area and regularly advise clients considering making a Lasting Power of Attorney in the UK. They will guide you through the process of making a Lasting Power of Attorney and prepare a watertight document that accurately reflects your wishes and safeguards your interests.
What Is A UK Lasting Power Of Attorney?
In the UK, a Lasting Power of Attorney (sometimes referred to as an LPA) is a legal document which allows the maker to nominate people they trust to take over their decision-making if they lose the capacity to do so themselves.
Giving control of your decision-making to another is a big step, but in the absence of a Lasting Power of Attorney, control over important matters relating to your finances, health, and welfare may pass to third parties unknown to you who may be unaware of your lifestyle, preferences and wishes.
Our expert UK Lasting Power of Attorney solicitors will comprehensively advise you on the benefits of making an LPA, and its effects.
How Are My Interests Protected When I Make A UK Lasting Power Of Attorney?
The law protects your interests when making an LPA by imposing a number of strict obligations on your attorneys, all of which are intended to ensure that they act in accordance with your wishes, and in your best interests. You can cancel an LPA at any time, provided you have the requisite mental capacity. If you lack capacity, and if there are concerns that your attorneys are not acting as they should, the Court of Protection can step in and cancel the LPA.
Are There Different Types Of Lasting Powers Of Attorney In The UK?
Yes, there are two types; a Property and Financial Affairs LPA and a Health and Welfare LPA.
Property And Financial Affairs Lasting Powers Of Attorney
Property and Financial Affairs LPAs ensure that decisions relating to your finances and any property-related matters pass to your nominated attorneys if you become temporarily or permanently unable to manage your affairs. They enable your attorneys to deal with assets such as money in your bank accounts and investments. Your attorneys can use your funds to purchase any items you need and buy gifts for your loved ones on your behalf (within reason). Your attorneys can also take control of any property you own and so can, for example, rent it out or sell it where necessary.
Once you make a Property and Financial Affairs LPA, it will be effective immediately unless you state otherwise. Our UK Lasting Powers of Attorney solicitors will advise you on the applicable law and ensure the document prepared accurately reflects your wishes and takes effect when desired.
Health And Welfare Lasting Powers Of Attorney
A Health and Welfare LPA can cover a wide range of subjects, from everyday affairs such as eating and personal hygiene to life-saving medical interventions. You can provide specific instructions to your attorneys in respect of each issue or state your preferences and the considerations they should take into account when making decisions on your behalf.
We understand that making decisions regarding your future care and well-being can be overwhelming. Our experienced Lasting Power of Attorney UK solicitors will carefully guide you through the process with care and empathy. They will work closely with you to ensure your Lasting Power of Attorney accurately records your intentions and fulfils all legal criteria.
Unlike a Property and Financial Affairs LPA, a Health and Welfare LPA is not effective immediately. Control over decisions relating to your health and welfare will only pass to your attorneys if you cannot make those decisions yourself.
When Should I Make A Lasting Power Of Attorney In The UK?
Understandably, many of us only think about making a Lasting Power of Attorney when we are faced with circumstances which may diminish our ability to make our own decisions, often due to ageing or being diagnosed with an illness. Some high-profile cases have, however, highlighted the need for all of us to consider making Lasting Powers of Attorney when we are much younger and in good health. TV presenter Kate Garroway, for example, has spoken openly about her husband’s battle with covid and her struggles to access his medical notes and funds to finance his care due to not having the requisite LPAs in place.
Ultimately, it is never too early to make a UK Lasting Power of Attorney. Lasting Powers of Attorney provide a cost-effective, straightforward way to decide who should make decisions on your behalf should you lose the ability to do so. Our UK Lasting Power of Attorney solicitors are committed to providing expert legal advice in a cost-effective way. They have a wealth of experience in preparing UK Lasting Powers of Attorney. They will ensure that, if and when the time comes, you have Lasting Powers of Attorney in place to ensure that any important decisions will be taken by those you trust and who have your best interests at heart.