Lasting Power of Attorney Solicitors
A lasting power of attorney (LPA) is a legal document that allows you to appoint people (known as ‘attorneys’) to help you make decisions or make decisions for you. It gives you a bit more control over what happens to you if you’re unable to make your own decisions. It’s an insurance policy. Hopefully, it would never have to be used, but it is there just in case it needs to be. Contact us today to speak to one of our LPA solicitors who will be able to help guide you through the process.
Our fees?
We offer a fixed fee service for preparing LPAs, so you know exactly where you stand. Find out more.
What types of LPA can I make?
You can make LPAs in relation to:
- Health and care decisions – for things like consenting or refusing life-sustaining treatment, moving into a care home, your medical care and daily routine (washing, dressing, eating); and
- Financial decisions – for things like paying bills, managing a bank account, collecting benefits or a pension, or selling your home
Why make an LPA?
Having an LPA in place can make normal daily tasks, like going to the bank or paying bills, quicker and easier. For instance, if you are ill in hospital or housebound following a fall, your attorney will be able to go to the bank or pay a bill for you. It also helps if you need to make longer term plans, like if you have been diagnosed with dementia and you may lose the capacity to make your own decisions in the future.
If you don’t make an LPA and can’t make a decision, your loved ones would have to apply through the courts to obtain authority to make decisions on your behalf, which can be stressful, time consuming and costly.
How many attorneys can I appoint?
There is no legal limit on the number of people you can choose to be your attorney. However, most people choose between one and four.
Who should I appoint as my attorneys?
An attorney doesn’t need to have special legal training or knowledge, but they should be someone you know and trust well and is capable of managing your affairs. You could choose your husband, wife or partner, son, daughter or friend. However, they need to be over 18, have capacity to make their own decisions and not be subject to a debt relief order or bankrupt.
What are the responsibilities of an attorney?
Attorneys must:
- always act in your best interests;
- help you to make as many of your own decisions as you can;
- respect your rights and freedom
When can my attorneys make decisions?
An attorney for health and care decisions can only act when you are unable to make your own decisions.
An attorney for financial decisions can act as soon as the LPA is registered (provided they act with your permission), as well as when you’re unable to make your own decisions. You can restrict the LPA for financial decisions to only when you lack capacity, but if you do that, it can make the LPA more difficult to use because your attorneys may have to prove you lack capacity every time they make a decision.
How can my attorneys make decision?
Your attorneys can make decisions for you:
- Jointly and severally – meaning they can make decisions together or own their own;
- Jointly – meaning they must agree on each and every decision, no matter how big or small
Most people choose jointly and severally because it’s the most convenient; it makes the LPA quicker and easier to use.
If you choose jointly, decisions can be delayed waiting for your attorneys to get together. If your attorneys can’t agree on something, a decision can only be made by going to court. If one of your attorneys die or can no longer act, unless you’ve appointed a replacement attorney, your LPA will stop working, as all your attorneys become unable to act.
Do I have to give my attorneys any specific instructions?
You can give your attorneys written instructions on what you would like them to do, as well as what they must do. This could include, for example, that you’d like to live near to a family member or that your attorneys must not decide you are to move into a care home unless, in your doctor’s opinion, you can no longer live independently. You don’t have to do this. Most people don’t because it can make things difficult if you do. You can just talk to your attorneys and tell them how you would like them to act. Your attorneys will then be able to make decisions they think are right, and they will know how you want them to be made.
Can my attorneys make gifts on my behalf?
There are strict rules on the types of gifts that attorneys can make. Gifts can be given on ‘customary occasions,’ like weddings, birthdays and religious holidays. Your attorneys can also donate to charities you have previously given to. However, any gifts should be reasonable and proportionate and take into account how much money you have, and they must not harm your care or quality of life.
You attorneys can’t:
- set up trust funds for grandchildren
- pay school fees for grandchildren, make interest-free loans to family,
- make maintenance payments to family members (other than your wife, husband, civil partner or child under 18)
- gift your home or sell it for under its market value to family.
If your attorneys want to make any of these gifts, then they must apply through the courts for permission.
Can my attorneys sell my home?
Provided there are no restrictions in your LPA preventing a sale and your LPA has been registered, you can authorise your attorneys to sell your home or, if you lack capacity, your attorneys can sell it if it is in your best interests to do so.
Can my attorneys change my Will?
Your attorneys cannot use the LPA to change your Will. If your Will needed changing and you lacked capacity, your attorneys would have to apply through the courts to do so, but this can be a complex and costly process.
What if I have separate personal and business finances?
You may want to make two LPAs for financial decisions, one for your personal finances, and another for your business affairs, so that different attorneys can look after different things. If this is the case, you should provide written instructions to explain what you want to happen for each one.
What if I have significant investments?
If you have significant investments, then you ought to include in your LPA for financial decisions that your attorneys have full discretionary powers of investments, and if needs be, can delegate investment management decisions to an investment manager. You are also likely to need specialist financial advice. If you didn’t do this, then your investment manager would have to get in touch with your attorneys every time they want to buy or sell shares. That is inconvenient and time consuming. It could mean you miss out on a good investment opportunity as well as present a risk to your investments.
What is life-sustaining treatment?
One of the most important parts of the LPA for health and care decisions is relating to life-sustaining treatment. In the LPA, you must choose whether your attorneys can give or refuse consent to life-sustaining treatment. Life-sustaining treatment means care, surgery, medicine or other help from doctors that is needed to keep you alive. Whether some treatments are life-sustaining depends on the situation. If you had pneumonia, for example, a simple course of antibiotics could be life-sustaining. If you choose to make an LPA for health and care decisions, then you would need to consider whether to give your attorneys the authority to give or refuse consent to life-sustaining treatment.
Can I cancel my LPA?
Provided you have capacity, you can cancel your LPA at any time, even if it has been registered.
What happens to an LPA when you die?
The LPA ends when you die. When this happens, your attorneys must send the registered LPA and any certified copies, as well as a copy of the death certificate, to the Office of the Public Guardian.