Creating Lasting Powers of Attorney

We all hope to go on running our lives for as long as possible, but need to plan ahead for a time when we may need help in making decisions.

Our experienced and friendly lawyers have extensive experience in helping people to put Lasting Powers of Attorney in place.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document in which you appoint one or more people (the attorneys) to act on your behalf, in circumstances where you no longer have capacity to make decisions yourself. You can decide who you appoint, what powers they have and specify any wishes you want followed.

Having an LPA in place can avoid the expense and the potential difficulties of a Court of Protection Deputyship application if you later need someone to act on your behalf.

What are the different types of Lasting Powers of Attorney?

There are two types of LPA:

• Property and financial affairs
• Health and welfare.

Under a property and financial affairs LPA, your attorneys can make decisions on your behalf such as buying and selling property, opening and closing bank accounts, dealing with your investments, managing your day to day finances, and claiming benefits and pensions. This type of LPA can be used at any time after registration, even if you still have capacity. In those circumstances, it should be used by your attorneys with your consent.

A health and welfare LPA can only be used if you have lost capacity to make health and welfare related decisions. It enables your attorneys to make decisions about where you should live, the type of care you receive and day-to-matters such as your daily routine, diet, visitors and the social activities which you participate in. If social services are involved in decisions about where you may live and your care in the future, then it can be particularly helpful to have an attorney who is authorised to make decisions of this type for you. Your attorney can also give consent to or refuse medical treatment on your behalf if you give them this specific authority. This could include making a decision as to whether or not you receive life-sustaining treatment in certain circumstances, giving you peace of mind that someone you trust and who is aware of your wishes is acting on your behalf. If you choose not to give your health and welfare attorney this particular authority then decisions about life-sustaining treatment would be made by the doctors and other professionals overseeing your care at the time, and any decision made would need to be assessed to be in your best interests and subject to any Advance Decision you may have made.

You can create either or both types of LPA. Ensuring an LPA is in place will mean that decisions can be made quickly and by someone you trust if you ever lose capacity.

How do you go about putting a Lasting Power of Attorney in place?

An LPA is an extremely important document and requires careful preparation and sound legal advice. Download our complete Lasting Powers of Attorney pack containing comprehensive information and the relevant forms.

Who can be appointed as an attorney?

You can appoint a friend, a relative or a solicitor as your attorney and they must be over 18. As with deputyships, our trust corporation, the Thomson Snell & Passmore Trust Corporation, can act as a professional attorney for property and financial affairs LPAs.

How many attorneys can I appoint?

You need to appoint at least one attorney and if you choose more than one, you will need to decide whether you want your attorneys always to act together (a joint appointment) or whether they can also act separately (a joint and several appointment). A joint and several appointment is the most flexible option. You can also choose to appoint a replacement attorney if your first choice is unable to act for any reason.

What are an attorneys’ duties?

Your attorney has formal legal duties and must follow the principles set out in the Mental Capacity Act 2005 and the Code of Practice. Your attorney must act in your best interests and take account of your wishes, feeling and beliefs.

You can apply conditions and restrictions on the use of the LPA and can also include guidance as to how you would expect your attorney to act.

We have one of the largest and most experienced teams of will, estate and tax planning lawyers in Kent and the South East, which has been trusted by generations of families. We work with you to protect your assets and pass on your wealth to the next generation in the way that best suits your circumstances.

Our estate and tax planning lawyers have extensive experience of supporting high and ultra-high net worth individuals and families with complex asset structures and international elements. We can help you to plan for the future and minimise your tax liabilities, for example through the use of trusts and other appropriate structures.

Working with us, you will benefit from the support and collective experience of the whole firm. We offer a strong network of lawyers to provide a comprehensive service, including probate, trust management, tax compliance, family law, The Court of Protection and buying or selling a home.