Lasting Power of Attorney Lawyers
Lasting power of attorney lets you prepare for the possibility that one day you may need help making decisions regarding your health, welfare, or finances. Failing to ensure that someone you trust will effectively carry out your wishes could make managing your affairs more expensive and complicated than it needs to be. If you want reassurance that your needs will be taken care of properly when you’re at your most vulnerable, Rowlinsons Solicitors can help with drafting and registering an LPA.
Why choose our Lasting Power of Attorney Solicitors
At Rowlinsons we are experienced in helping individuals and their families plan for the future to minimise the uncertainty and ensure your best interests are protected.
Our expertise gained us the Excellence in Private Client Award from the National Law Society in 2018. Rowlinsons Solicitors was also awarded Highly Commended in the Boutique Private Client Team of the Year category at the British Wills and Probate Awards 2023.
With Rowlinsons, you get the dedicated support of a qualified solicitor throughout the entire process, and you will always have direct access to that individual when you need to talk.
Our team includes some of the most prominent and renowned Estate Planning Solicitors in Cheshire who are all members of STEP (the Society of Trust and Estate Practitioners), further highlighting our technical know-how and legal expertise.
Rowlinsons Solicitors is experienced in advising on the preparation and registration of lasting power of attorney. We’ll work closely with you and your family to help you understand your options. We can also help with any LPAs in dispute.
If you are ready to get sorted with your plans for future decision-making contact us today for a no-obligation chat.
What is a lasting power of attorney?
Lasting power of attorney legally authorises one or more appointed persons (attorneys) to make important decisions on your behalf. Creating an LPA gives you peace of mind that someone you trust will take care of your business when you become incapable of doing so yourself.
An LPA allows you to set out in writing specifically how you want certain matters dealt with and who is to be responsible for them, all of which the attorney is obligated to honour. This lets you have more control over your future finances and personal welfare.
The advantage of an LPA is you can set it up and register it before you need it, i.e. while you still have full mental capacity, so when the time comes it’s ready and there’s no delay in crucial decision-making.
There are two types of lasting power of attorney: one for making financial decisions and the other for making decisions regarding health and welfare.
With the health and welfare LPA, the appointed attorney can only make choices about your medical care and care arrangements once you lose the ability to do so. For the financial LPA, your attorney can make decisions for you while you’re still mentally able but don’t feel fully confident doing so. Bear in mind, this must be explicitly stated when setting it up.
What is a Health and Welfare LPA?
Having a health and welfare LPA in place means there can be fast, decisive action on matters such as:
- Medical treatment
- Care and Support
- Social activities
- Living arrangements
- Lifesaving treatment (by special permission only)
What is a Financial LPA?
A property and finance LPA allows the appointed attorney to make financial decisions on:
- Purchase/sale of property
- Paying bills
- Investment decisions
- Mortgage payments
- Collecting benefits
What’s the difference between a lasting power of attorney and an ordinary power of attorney?
Ordinary or limited power of attorney is granted for a short period of time allowing someone to take care of another person’s finances. This can include paying their bills when they’re in hospital or out of the country. Ordinary power of attorney does not authorise the appointed person to make health decisions.
Assigning ‘power of attorney’ to an individual allows them to act on your behalf but this is only applicable so long as you have full mental capacity. If you lose mental capacity, the power of attorney is no longer valid.
What is the role of LPA?
Acting as lasting power of attorney involves making any financial or health decisions on behalf of someone else (the donor). If you have been appointed LPA, where possible, you should help the donor with making any decisions while they still have mental capacity.
Once the donor loses the mental capacity to manage their own affairs then you are responsible for acting on their behalf, depending on the responsibilities granted by the LPA. You must always put the donor’s best interests at heart and follow any written instructions on what to do in certain circumstances. In addition, it’s your responsibility to keep the accounts up to date to keep track of all transactions.
If you are uncertain of what course of action to take, there is guidance available on making serious decisions. You can get advice from social services, the Court of Protection, and the Office of the Public Guardian.