Lasting Power of Attorney

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (or LPA) is a document that outlines the decisions you would like your nominated attorney to make on your behalf, if you were to lose mental capacity in the future.

There are two types of Lasting Powers of Attorney:

• Health and welfare Lasting Power of Attorney: this gives your attorney power to make decisions affecting your personal welfare such as where you live.
• Property and financial affairs Lasting Power of Attorney: this gives your attorney power to manage your finances.

You can only make a Lasting Power of Attorney whilst you have mental capacity. If you lack mental capacity, but don’t have a Lasting Power of Attorney in place, then a friend or relative can apply to the Court of Protection to apply to become a Deputy to make decisions on your behalf. However, drawing up an LPA is a quicker, cheaper process than applying to become a Deputy.

How Clarke Willmott can help

Drafting a Lasting Power of Attorney

There are a number of steps to creating a valid Lasting Power of Attorney. We can guide you through the process and help you draw up a Lasting Power of Attorney document that accurately reflects your wishes. This includes:

• Helping you understand the different types of powers that can be given to Attorneys through a Lasting Power of Attorney
• Advising you on how best to structure your Lasting Power of Attorney document
• Helping you choose the right Attorney(s) for you
• Drafting the Lasting Power of Attorney including bespoke clauses to reflect your personal situation
• Acting as a certificate provider certifying that you have understood what your Lasting Power of Attorney entails
• Helping your nominated Attorney(s) complete their paperwork – confirming they are willing to act for you
• Registering your Lasting Power of Attorney with the Office of the Public Guardian

Support for Attorneys

We can also support those acting as Attorneys for friends or relatives, including;

• Advising on what an Attorney can and cannot do
• Advising on how to deal with disputes with friends or relatives concerning the Power of Attorney
• Supporting the Attorney to prepare financial accounts
• Supporting the Attorney to apply for additional powers through the Court of Protection including authority to make gifts

Professional Attorney services

We can act as a Professional Attorney through our trust corporation, Clarke Willmott Trust Corporation Limited. When you are appointing Attorneys it is worth considering whether to appoint a trust corporation instead of, or as a replacement for, an Attorney. This can avoid the costs and inconvenience of replacing an Attorney if they fall ill or die.

Additional advantages for using a Professional Attorney are the trust corporation’s expertise in handling Lasting Powers of Attorney and their ability to respond quickly.

Contact a Lasting Power of Attorney Solicitor

For advice about making a Lasting Power of Attorney, call our specialist team now on 0800 652 8025 or contact us online. Your initial consultation is free. We have seven offices based across the country in London, Southampton, Manchester, Cardiff, Taunton, Birmingham and Bristol.

Helpful factsheets

• Factsheet: Lasting Power of Attorney – an overview
• Factsheet: Lasting Power of Attorney or Deputy – making the right choice
• Factsheet: Capacity to make a Lasting Power of Attorney