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power of attorney

Power of Attorney



Power of Attorney enables someone else to manage your affairs on your behalf when you are no longer able to or no longer want to. Being unable to anymore manage your affairs can be both challenging and upsetting; however there are processes in place to help deal with such matters when they arise. Setting up an Lasting Power of Attorney (LPA) will give you more control over what happens to you, if for example, you have an accident or an illness and you are unable to make decisions which need to be made.

A Lasting Power of Attorney (LPA) is a legal document which enables you to choose someone to make decisions for you when you no longer can or are unable to. To make an LPA you must be over 18 years of age and have mental capacity (ability to make own decisions). It is important that you make the LPA whilst you are still capable of making decisions about who to appoint as your attorneys and what powers you want to give them. The LPA cannot be used until it is registered with the OPG, which you can do at any point after it has been made. Once registered, your attorneys must act within any restrictions or conditions you have set out in the LPA form.

LPA replaced Enduring Power of Attorney (EPA) in 2007 and gives your representative the right to manage your affairs and make decisions on your behalf. EPAs made before 1 October 2007 can still be used.


Property and Financial Affairs Power of Attorney

With a Property and Financial Affairs LPA, you can decide to give your representative (attorney) the power to make decisions about any or all of your affairs. An LPA gives your attorney the right to make decisions as if they were you, whilst also acting in your best interests.

Your attorney will be unable to act on your behalf until the LPA is registered with the Office of the Public Guardian (OPG) in England and Wales. The OPG is responsible for registering LPAs and EPAs.

This LPA can be used to give an attorney the power to make decisions about things like:
  • Managing a bank or building society account
  • Paying bills
  • Collecting benefits or a pension
  • Selling your home

Health and Welfare LPA

A Health and Welfare LPA allows you to choose someone to make decisions about your health and personal welfare should you no longer be able to do so. Once the LPA has been registered with the OPG, you can decide to grant your attorney the power to make decisions on your behalf regarding health and welfare matters. This is also providing that you are unable to make decisions for yourself.

This LPA can be used to give an attorney the power to make decisions about things like:
  • Your daily routine
  • Medical care
  • Moving into a care home
  • Life-sustaining treatment


How We Can Help You

Our solicitors can assist you in drafting and creating your Lasting Power of Attorney, ensuring that all restrictions and conditions are set out exactly how you want them.


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