Trusted Lasting Power of Attorney Solicitors in Surrey
A Lasting Power of Attorney (LPA) gives authority to someone you choose to look after your affairs if you become too ill to do so yourself. This is especially useful if you become incapable of managing your affairs.
We will take you through the process necessary for the appointment of the Attorney and advise on how you can ensure your wishes are implemented. We will then register your LPA with the courts, giving you peace of mind for the future.
Types of LPA
An LPA allows you to appoint a trusted individual, known as your Attorney, to make decisions on your behalf. It comes into effect if you lose the mental or physical capacity to manage your affairs. There are two types of LPA:
- Property and Financial Affairs LPA: Covers decisions about your money, property, and investments. Can be used while you have mental capacity or if you lose it.
- Health and Welfare LPA: Covers decisions about your medical treatment, daily care, and living arrangements. Only comes into effect if you lose mental capacity.
Why Is a Lasting Power of Attorney So Important?
Without an LPA in place, your loved ones could face legal and financial hurdles to gain the authority to act on your behalf. Without proper authorisation:
- Decisions about your health and welfare may fall to medical professionals rather than your family.
- Managing your finances may require an application to the Court of Protection, which is costly and time-consuming.
By setting up an LPA, you remain in control by choosing someone you trust to make decisions in your best interests. Your loved ones will also avoid lengthy and costly legal proceedings to take control of your affairs.
To further secure your plans, consider complementing your LPA with a professionally drafted will or trust to protect your assets and provide clear guidance for your loved ones. Explore our Wills, Probate, and Trusts legal services for more information.
Why Use a Solicitor for Your LPA?
An LPA is a powerful document that requires careful preparation. Errors in the process can lead to delays or the document being rejected. Consulting a solicitor ensures:
- Tailored advice: We’ll help you choose the right type of LPA and ensure your wishes are accurately reflected.
- Compliance: The legal process is followed correctly, avoiding costly mistakes.
- Legal guidance on difficult decisions: We’ll help you navigate complex choices, such as appointing multiple Attorneys or adding restrictions to their powers.
Frequently Asked Questions
Who Can Be My Attorney?
Your Attorney must be over 18 and someone you trust, such as a spouse, child, friend, or professional. You can appoint more than one Attorney, and they can act:
- Jointly: Making decisions together.
- Severally: Making decisions independently.
Can I Change or Cancel My LPA?
Yes, you can change or cancel your LPA at any time, as long as you have the mental capacity to do so. This flexibility ensures your LPA remains aligned with your circumstances.
What Happens If I Don’t Have an LPA?
Without an LPA, a Court of Protection deputy may be appointed to make decisions for you. This process can be time-consuming, expensive, and may not align with your wishes.
If you have any further questions or you need help navigating the LPA process, contact us today.
