Lasting Power of Attorney

Why do I need a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal instrument. The LPA allows you to appoint attorneys to help you make decisions, or they can make decisions for you if you have lost mental capacity.

You may have put a Will into place, but your Executors can only act for your Estate following your death. An Executor cannot act for you or make decisions for you during your lifetime, even if you have lost capacity.

Who can be an attorney?

You choose who you would like to appoint as your attorney, providing they are agreeable to being appointed. They must be 18 or over and have the mental capacity to make their own decisions. You should choose someone that you can trust and can rely upon to make decisions that are in your best interest.
Your attorney could be a family member, a friend, or a professional. You can appoint replacement attorneys to replace an attorney in certain circumstances, such as the death, loss of capacity, or bankruptcy, of your attorney. In a LPA for Property and Financial Affairs, it is also possible to appoint a trust corporation as your attorney. An attorney for a Property and Financial Affairs LPA must not be bankrupt.

How can attorneys make decisions?

If you appoint two or more attorneys or replacement attorneys, you will need to specify if they should act jointly, or jointly and severally. If you appoint your attorneys to act jointly, they must always act together. This means they would all need to sign any necessary documentation. This can cause practical difficulties if one of the attorneys is unavailable. If you appoint your attorneys to act jointly and severally, they can all act together or they can act separately. One attorney could sign documentation on the behalf of all the attorneys. If one attorney is unavailable, the other attorneys can continue to act. It is also possible to appoint your attorneys to act jointly in some decisions, and severally in other decisions. These type of decisions need to be explained clearly in your LPA to avoid practical problems.

What do you need to make a Lasting Power of Attorney?

You will need the full names, address, and date of birth, for each of your proposed attorneys. You will also need the agreement of each proposed attorney to be appointed as your attorney.

How can 828 Law help?

We recommend that you seek legal advice to ensure that you are fully aware of the implications of making a Lasting Power of Attorney.
At 828 Law we are happy to provide you with the information you will need to make these important decisions. We can help with the preparation of your LPA by ensuring they are drafted correctly. We will arrange for the execution of the LPA, ensuring it has been signed and witnessed correctly by you and each of your attorneys. We can apply to the Office of the Public Guardian (OPG) to register the LPA ensuring they are valid and ready to be used by your attorney when needed.

Contact us for a free initial consultation.

Click to View our POA Process
1.

Initial Consultation

2.

Drafting the Document

3.

Signing and Witnessing

4.

Registration with the Office of the Public Guardian (OPG)

5.

Advice on Use and Responsibilities

6.

Ongoing Support

Click here for a comprehensive overview of the POA process

Initial Consultation

The solicitor meets with the client to understand their needs, explain the different types of PoA (Ordinary, Lasting, or Enduring), and assess their mental capacity to make the decision.

Drafting the Document

The solicitor prepares the PoA document, outlining the specific powers granted and any restrictions or conditions the donor wishes to include.

Signing and Witnessing

The PoA must be signed by the donor and witnessed. For a Lasting Power of Attorney (LPA), a certificate provider (such as a solicitor or doctor) must confirm the donor understands the decision and is not under undue influence.

Registration with the Office of the Public Guardian (OPG)

An LPA must be registered with the OPG before it can be used, which can take up to 20 weeks. Ordinary PoAs do not require registration and can be used immediately.

Advice on Use and Responsibilities

The solicitor advises both the donor and the attorney(s) on their legal duties and how the PoA should be used to ensure compliance with the law.

Ongoing Support

If needed, the law firm can assist with amendments, disputes, or concerns about an attorney’s actions, ensuring the PoA is used correctly.

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