Powers of Attorney

We all need to think about our future and make plans to ensure that our affairs can be managed should we become unable to do so ourselves.

We understand the difficulties associated with making such decisions and are able to provide expert legal advice and assistance in preparing a lasting Power of Attorney (LPA) in a way which is most appropriate to your needs.

Why would you need an LPA?

If you become incapable of looking after your own affairs and do not have an LPA then someone has to apply to the Court of Protection to be appointed as your Deputy to deal with this for you.  The costs involved with this which have to be charged to your estate can be very considerable.  Making an LPA in advance enables you to choose someone you trust to manage your affairs in accordance with your wishes and is significantly less expensive.  There are two forms of LPA:

• Property and affairs LPA

This allows you to appoint someone as your Attorney to manage your finances and property either while you still have capacity to make decisions yourself or in the event that you become incapable of making those decisions.

• Personal welfare LPA
   
  This allows your Attorney to make decisions on your behalf about your personal welfare.  This includes healthcare issues such as decisions to give or refuse consent to certain medical treatment.  This LPA can only be used where you lack the capacity to make the necessary decisions for yourself.

Registering the LPA

Before the LPA can be used it has to be registered with the Office of the Public Guardian (OPG).

We can help not only in making the LPA but also in registering it with the OPG.

Don’t risk DIY!

Completing the LPA properly is not as simple as it may seem.  Directgov, the official government website for citizens recommends that it is a good idea to get advice from a solicitor before making an LPA depending on the complexity of your property and financial affairs.  The OPG website also comments that the LPA is a very important and powerful document so that you may want to seek advice from someone with experience in preparing them, such as a solicitor.

Enduring Powers of Attorney (EPA)

We can also give advice and assistance with regard to the use of Enduring Powers of Attorney if you already have one.  Please note that it is no longer possible to make an EPA after October 2007 as they have been replaced by the LPA. 

LPA and Will

If you are making an LPA then it’s also a good opportunity to check that your Will is up to date and to re-make it if necessary.

Please call us on 01480 377377 or fill in the Winters Legal contact form and it will be our pleasure to help you.