Lasting power of attorney

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that gives a person or persons of your choice power to deal with your affairs if you become unable to do so for some reason such as loss of mental capacity, illness or accident. It can only be created if the person making it still has their mental capacity.

There are two types of Lasting Power of Attorney:

• Property and Financial Affairs Lasting Power of Attorney – used to appoint someone (an Attorney) to manage your money and assets, such as paying bills, managing bank accounts, collecting benefits and pensions, or buying and selling investments and/or property on your behalf.
• Health and Welfare Lasting Power of Attorney – used to appoint someone to take decisions which impact upon your medical condition and personal welfare such as where you live, your day-to-day care or specific medical treatments. It can also allow your Attorney(s) to give or refuse consent to life-sustaining treatment on your behalf. This can be used as an alternative to a Living Will or Advance Decision.

Why make a Lasting Power of Attorney?

If a Lasting Power of Attorney is not in place and you become unable to deal with your affairs, an application has to be made for the appointment of a Deputy. Deputies are appointed by the Court of Protection and the person appointed may not be someone you would have chosen to act on your behalf. In addition, the appointment of a Deputy is much more time consuming and expensive than the appointment of an Attorney under a Lasting Power of Attorney.

How Clarke Willmott can help

We can deal with the whole process for you, from drawing up the Lasting Power of Attorney, notifying anyone who needs to be informed, acting as certificate provider and registering it with the Office of the Public Guardian.

Our services include:

• Detailed consideration of your wishes and the drawing up of a suitable Lasting Power of Attorney to reflect these
• The appointment of a person you trust to make these decisions on your behalf
• The certification of the Lasting Power of Attorney – which confirms that the person making the Lasting Power of Attorney has the mental capacity to do so
• Registration of the Lasting Power of Attorney with the Office of the Public Guardian
• Acting as a professional Attorney, through our trust corporation, Clarke Willmott Trust Corporation Limited. This can avoid the costs and inconvenience of replacing an Attorney if they fall ill or die.

We can draft a Lasting Power of Attorney with either a bespoke or fixed fee package. You can find more information about our costs and fees here.

Related services

• Power of Attorney – If you have been appointed as an Attorney under a Lasting Power of Attorney and need advice about carrying out your duties
• Making a Will
• Living Wills and Advance Decisions

Helpful links

• Factsheet: Lasting Power of Attorney – an overview
• Factsheet: Lasting Power of Attorney for Property and Financial Affairs
• Factsheet: Lasting Power of Attorney for Health and Welfare
• Factsheet: Lasting Power of Attorney or Deputy – making the right choice
• Factsheet: Capacity to make a Lasting Power of Attorney
• Factsheet: Appointing an Attorney – decision flowchart
• Factsheet: What an Attorney can and cannot do
• Factsheet: Accounts for Attorneys – under a Property and Affairs Lasting Power of Attorney or Enduring Power of Attorney
• Factsheet: Incapacity and business owners
• Factsheet: Terminal illness – about tax and legal issues
• Wealth, Health and Inheritance Briefing – view the latest edition and sign up for regular updates
• Family Wealth blog – for news and articles

Contact a specialist solicitor

For advice on making a Lasting Power of Attorney call our specialist solicitors on 0800 652 8025 or contact us online.