A Lasting Power of Attorney is a document that allows you to appoint another person to make decisions for you. There are two types of Lasting Power of Attorney:
You can appoint more than one attorney, and you can appoint replacement attorneys. You can also give guidance to your attorneys about how you would like them to act when they carry out their role, and we can discuss this with you. You can also give your attorneys authority to make decisions about life-sustaining treatment on your behalf using the Lasting Power of Attorney for health and welfare, should you so wish.
A Lasting Power of Attorney must be registered with the Office of the Public Guardian (link: Office of the Public Guardian – GOV.UK (www.gov.uk)) before they can be used. The registration process can take up to 3-4 months, therefore it is sensible to consider making a Lasting Power of Attorney well in advance of needing to use it. However, once they are registered, they can be used even if you lose the mental capacity to manage your own finances or make decisions about your care and accommodation.
A Lasting Power of Attorney is different from an Enduring Power of Attorney, which can no longer be made, or an Ordinary Power of Attorney, which only has effect whilst you retain mental capacity to manage your own finances.
Please get in touch with us if you want to discuss how we can help you.
Advising an attorney concerned with financial abuse of a loved one by family members.
Advising attorneys and deputies in respect of OPG investigations.
Advising attorneys / Deputies in relation to disputes.
Advising on capacity questions relating to gifting.
Advising minor beneficiaries and other family members in respect of statutory wills.
Acting as professional deputy in high value clinical negligence and personal injury matters.
Advising on care fee planning and third-party liability for the same.