Edward Hayes Lawyers Logo
Central London
Tel: 020 7353 0011
Manchester
Tel: 0161 341 0503
Chichester
Tel: 01243 781431
Worthing
Tel: 01903 215999
East Wittering
Tel: 01243 672124
Littlehampton
Tel: 01903 759024
Horsham/Gatwick
Tel: 01403 878024
Havant/Portsmouth
Tel: 02392 479872
Isle of Wight
Tel: 01983 533006
Basingstoke
Tel: 01243 781431
Fax: 020 7427 7391

Quick Contact: Email us at:
info@edwardhayes.co.uk
  • Home
  • News
  • Child Abuse: How the Police Investigate Allegations

How do you secure a Lasting Power of Attorney?

Preparing for the future goes beyond simply making a will, stipulating who will get what on your death. With life expectancy and diagnoses of dementia increasing it has never been so important to consider appointing someone to act on your behalf if you become mentally incapable of making your own decisions. Creating a Lasting Power of Attorney while you still have all your marbles will ensure that those decisions are made by someone you know and trust.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) gives someone of your choosing the legal authority to make decisions on your behalf either when you become mentally incapable of doing so in the future or when you no longer wish to make decisions for yourself.

There are two types of LPA:
1. A Financial Decisions LPA – covering matters such as
- paying bills
- paying your mortgage
- buying and selling property
- investments
This kind of LPA can be used while you (the donor of the LPA) still have mental capacity.

2. A Health and Care LPA – covering matters such as
- personal care
- where you live
- medical treatment
- who you have contact with
This kind of LPA can only be used once you have lost mental capacity.

Choosing your attorney

Choosing your Lasting Power of Attorney is a very personal and individual decision and as such you can choose whomever you trust most out of your friends and/or relatives to make decisions affecting you with your best interests at heart. You can also appoint more than one person but will need to stipulate whether they must act jointly (together on all matters) or jointly and severally (can act together or separately, as they choose).

However, there are a number of legal criteria that your candidate(s) must meet.

The attorney(s):
• must be over 18 years of age
• can be an individual, individuals or a trust corporation (eg. part of a bank)
• should not be a paid care worker (unless there are exceptional circumstances.

In the case of a financial decisions LPA, the candidate must not be bankrupt, interim bankrupt or subject to debt relief at the tine the LPA is made.

Setting up an LPA

Setting up a Lasting Power of Attorney can be a complex matter, involving the submission of various forms and statements. While it is not compulsory to use a solicitor to create and register an LPA, it may be advisable to do so in order to ensure that all essentials and eventualities are covered and completed. A solicitor is also a neutral party in helping you make what can be tough and sensitive decisions that will affect you in the future.

A solicitor can also act as the certificate provider, to verify that in their opinion, you understand what the LPA means and the effect of signing it.

To find out more about Edward Hayes LLP and how our solicitors can help you set up a Lasting Power of Attorney contact us now on 01243 781431 (during office hours) or 0800 085 9684 (out of hours) or via email on info@edwardhayes.co.uk

This entry was posted in Disputed Wills and Estates and tagged , , , , . Bookmark the permalink.

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>

Latest Tweets

Contact Us

Head Office: Central London
Tel: 020 7353 0011
Manchester
Tel: 0161 341 0503
Chichester
Tel: 01243 781431
Worthing
Tel: 01903 215999
Horsham/Gatwick
Tel: 01403 878024
Havant/Portsmouth
Tel: 02392 479872
Littlehampton
Tel: 01903 759024
East Wittering
Tel: 01243 672124
Isle of Wight
Tel: 01983 533006
Basingstoke
Tel: 01243 781431
Emergency: 0800 085 9684
Fax: 020 7427 7391
Email: info@edwardhayes.co.uk

Follow Us