Private Client Law

Lasting Power of Attorney

We advise all our clients to consider making a Lasting Power of Attorney. It allows a smooth transfer of the management of your affairs to your attorney, if you become ill or lose mental capacity. You can choose any trustworthy person including children or close friends to assist you.

Without an LPA it can be difficult to ensure that your affairs are managed properly.

There are two different kinds of Lasting Power of Attorney:

A ‘Property and Affairs’ LPA – Financial Decisions

  • This allows your appointed attorneys to help you administer your financial affairs. This could include your bank accounts, investments and any property you hold. .If you lose mental capacity your attorneys  can make decisions on your behalf and for your benefit.

A ‘Health and Welfare’ LPA – Health Decisions

  • This allows your attorneys to make decisions about your health. This could include choices over medical treatment, care, lifestyle, and where you live. Attorneys can only act under this power if you have lost mental capacity and only in accordance with restrictions and guidance which you stipulate in the document.

Advising Attorneys

  • Attorneys have a strict obligation to exercise their powers in accordance with the LPA document and the Mental Capacity Act 2005. Often when difficult practical and legal issues arise, these can only be resolved with advice on the underlying statutory scheme. We can provide this advice to attorneys and those affected by their decisions.

Business Lasting Power of Attorney

  • A tailored LPA for Financial Decisions can be used allowing you to choose separate individuals to handle your business affairs if you become incapacitated.

Read our Lasting Power of Attorney (LPA) Guide

Contact the team today to enquire about Lasting Power of Attorney

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