A Lasting Power of Attorney (LPA) offers invaluable security, safeguarding your decisions and well-being even if unforeseen circumstances or health issues affect your ability to make choices yourself. At Garratts, our specialist solicitors are dedicated to empowering you with comprehensive LPA guidance and support. We walk alongside you every step of the way, ensuring clarity, personalised understanding, and complete peace of mind for your future.
Ready to secure your future with expert advice? Contact Garratts today for a no-obligation consultation. Call us on 0161 665 3502 or use our online enquiry form.
What is a Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney (LPA) is a legal document that lets you choose someone you trust (called an attorney) to make important decisions on your behalf if you cannot make them yourself due to a loss of mental capacity.
LPAs are especially important for people who are concerned about losing their mental capacity in the future, such as due to an illness or accident. They allow you to control who makes decisions for you and ensure your wishes are respected.
What are the different types of Lasting Power of Attorney?
There are two types of Lasting Power of Attorney (LPA), each covering various aspects of your life and decision-making. Understanding these types can help you plan effectively for the future.
Property & Affairs LPA
- Focus: This LPA covers decisions about your finances, property, and investments.
- Examples of decisions: Your attorney can pay bills, manage bank accounts, buy and sell property, invest money, and apply for benefits.
- Benefits: Ensures your financial affairs are handled and assets managed according to your wishes if you become unable to do so yourself.
Personal Welfare LPA
- Focus: This LPA covers decisions about your health and well-being.
- Examples of decisions: Your attorney can choose where you live, consent to medical treatment, decide on personal care (like who assists with daily activities), and make decisions about social activities and holidays.
- Benefits: Provides control over your medical care and living arrangements, ensuring your preferences are respected even if you lose decision-making capacity.
Who can be my ‘Attorney’?
When choosing your attorney(s) for a Lasting Power of Attorney (LPA) in England and Wales, there are specific criteria and considerations to keep in mind to ensure they can effectively fulfil this important role.
Here's a breakdown of who can be your attorney:
Eligibility
- Age: An attorney must be 18 or older.
- Mental capacity: An attorney must have the mental capacity to understand and decide on your behalf. This ensures they can comprehend your wishes and act in your best interests.
- Relationship: Choose anyone you trust and feel comfortable with to be your attorney. This could be a family member, friend, partner, solicitor, or any other individual you believe will act responsibly and respect your wishes.
Considerations
- Competencies: Consider the specific tasks you want your attorney to handle. If your LPA covers property & affairs and personal welfare, consider appointing separate attorneys with expertise or strengths.
- Availability: Choose someone likely to be available to fulfil their responsibilities over the potential long term. Think about their commitments and lifestyle to ensure they can dedicate time and attention to managing your affairs.
- Trust and communication: Prioritise choosing someone you deeply trust and can communicate openly with. Ensure they understand your values, preferences, and wishes for your future well-being.
Restrictions
- Professional restrictions: Bear in mind that certain professionals, i.e. social workers or care home staff, cannot act as your attorney for financial decisions due to potential conflicts of interest.
- Bankruptcy: Individuals declared bankrupt cannot be attorneys for financial decisions.
Do I need a solicitor to set up my LPA?
While setting up a Lasting Power of Attorney (LPA) is technically possible without a solicitor, involving a legal expert offers significant advantages in ensuring your document's effectiveness and peace of mind. Here's why consulting a wills and probate solicitor can be invaluable:
- Accuracy and legal validity: Creating an LPA involves navigating complex legal terminology and procedures. A solicitor will ensure your document meets all legal requirements, reducing the risk of errors or invalidity that could compromise your future security. They can guide you through the proper form-filling, witness requirements, and registration process with the Office of the Public Guardian (OPG), ensuring your LPA is recognised and enforceable.
- Personalised guidance: No two situations are identical. A solicitor takes the time to understand your unique circumstances, preferences, and relationships with potential attorneys. They can tailor the LPA to your specific needs, addressing concerns about property ownership, medical treatment options, and desired levels of control your attorney should have. This personalised approach ensures the document accurately reflects and respects your wishes.
- Navigating complexities: A solicitor can help navigate situations with estranged family members, intricate financial assets, or potential inheritance issues. Their expertise allows them to draft clear, specific clauses that address these complexities and prevent future disagreements or misunderstandings.
- Reduced stress: Setting up an LPA is a significant decision, and navigating legal complexities can be daunting. A solicitor takes the burden off your shoulders, handling the legalities and ensuring everything is done correctly. This allows you to focus on the emotional aspects of choosing your attorneys and having open conversations about your wishes, providing peace of mind and reducing stress during this important process.
- Additional support: A wills and probate solicitor can offer further support beyond just drafting and registering your LPA. They can provide ongoing advice on reviewing and updating your document as your circumstances change, answer any legal questions, and even act as a trusted advisor in navigating related legal matters such as inheritance or end-of-life planning.
How much does it cost to set up a Lasting Power of Attorney?
The cost of setting up an LPA can vary. At Garratts, we offer competitive pricing and transparent billing to ensure you understand all costs involved. There may also be a registration fee payable to the Office of the Public Guardian.
Can I change or revoke an LPA?
Although once a Lasting Power of Attorney is registered and is legally binding it cannot be changed, only revoked and re-drafted, as long as you retain the mental capacity to make such decisions you are able to take steps to reflect a significant change in circumstances.
Changing or revoking an LPA is a significant decision and one that should be approached with careful consideration. If you find that your circumstances have changed or if you wish to appoint a different attorney, please do get in touch. This process involves formally revoking an existing LPA and ensuring that any new document is carefully drafted to ensure that it offers the flexibility that you may need. When entering into an LPA it is vital that you consider building contingency plans into the document to cover a situation whereby your original attorneys are unable or unwilling to act any longer.
Revoking an LPA is also a process that requires formal steps. If you no longer need an LPA or wish to appoint different attorneys, you must formally revoke the existing LPA. This process involves a written declaration of revocation, and it is crucial to inform all relevant parties, especially the attorneys currently appointed under the LPA. This ensures that everything is clear regarding your intentions and that the existing LPA is no longer considered valid.
In changing and revoking an LPA, it is advisable to seek legal guidance to ensure that all procedures are correctly followed and that your interests are fully protected. For expert guidance and support, contact Garratts on 0161 665 3502 or use our online contact form to get in touch.
What happens if my attorney makes decisions I disagree with?
It is possible that you disagree with your attorney's decisions under a Lasting Power of Attorney (LPA). Fortunately, safeguards exist to address these situations and open communication is key. Discuss your concerns directly with your attorney; transparency can prevent misunderstanding. Regularly reviewing your LPAs to reflect changing circumstances can also minimise potential clashes.
If concerns persist, you have options. A solicitor specialising in LPAs can provide expert guidance on navigating disagreements and legal avenues, like seeking court supervision. The Court of Protection can investigate and issue directions to ensure decisions align with your best interests.
In extraordinary cases, if you believe the LPA was created unfairly, legal avenues exist to challenge its validity. Remember that proactive communication and understanding of your options empower you to address disagreements and ensure your best interests are protected.
