Private Client

Lasting Power of Attorney

Lasting Power of Attorney

A Lasting Power of Attorney is where you (the Donor) choose a person you trust who will then carry out your wishes regarding your healthcare or financial affairs if you become unable to manage them yourself (the Attorney). This can give you peace of mind that if the worst happens, you will still be in control of what can and cannot happen. An Attorney can be anyone who is over 18 and has the mental capacity, with people often choosing family members of solicitors.

There are two types of Powers of Attorney:

  • Property and Affairs Lasting Powers of Attorney – this allows someone you choose to manage your finance and other property
  • Health and Welfare Lasting Powers of Attorney – this allows some you trust to make welfare decisions on your behalf

You may make one or both of these, but you must make separate Powers of Attorney for each one although the same attorney can be named for both. You may also name more than one attorney for each Power.

In terms of powers, you can give the attorney the power to:

Property and Affairs Lasting Powers of Attorney

  • Managing bank accounts
  • Paying bills
  • Collecting benefits/pensions
  • Selling your assets/property

Health and Welfare Lasting Power of Attorney

  • Daily routine, e.g. washing/dressing/eating
  • Medical care
  • Whether you move into a care home
  • Life-sustaining treatment decisions

What if I Change My Mind?

If you change your mind about who you wish to appoint as an attorney, or if you wish to end your lasting power of attorney, you are free to do so as long as you retain mental capacity. Our solicitors can advise on the steps you will need to take in order to make changes or terminate the appointment.

What if Someone Makes an Appointment for Themselves and I Disagree with it?

If you disagree with a decision some has taken to appoint an attorney, then you may object. This can be either a factual objection or an objection on prescribed grounds.

Factual Objection

  • The donor or an attorney has died
  • The donor and an attorney were married or in a civil partnership and have separated
  • An attorney lacks the mental capacity to be an attorney
  • The attorney wishes to stop acting
  • The donor or an attorney are bankrupt, interim bankrupt or subject to a Debt Relief Order (property and financial affairs attorneys only)

Proscribed Objections

  • The Lasting Power of Attorney is not legally correct
  • The donor did not have mental capacity to make the decision to appoint
  • The donor has regained mental capacity and cancelled
  • There was fraud
  • The donor was pressured into signing
  • An attorney is acting against the best interests of the donor

Our specialist solicitors can give you advice on the powers you may wish the attorney to have, help you complete the required paperwork correctly, advise you on making changes or objecting.

Contact our Specialist Solicitors:

If you would like to enquire for any of our services please complete our online contact form here or send an email to us at [email protected] and one of our solicitors shall call you back.

Alternatively, please call our specialist solicitors on 0161 820 8888 for a no obligation discussion.

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FAQ

Most frequent questions and answers

No. The purpose of the form is to allow people to make decisions for you in the future, if you can no longer make them yourself. It does not mean that from the moment you complete the forms your attorney takes over making decisions for you.

If you don’t make a Lasting Power of Attorney, and later become unable to make certain decisions for yourself, there may be a time when no one can legally make decisions for you. This can make things difficult, such as paying bills or care costs, or making decisions about your future care.

You don’t have to seek legal advice in order to make a Lasting Power of Attorney. However, a Lasting Power of Attorney is a powerful and important legal document, and it can be a good idea to seek advice from a legal adviser with experience of preparing them.

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