Lasting Power of Attorney Guide

What Is An LPA?
A Lasting Power of Attorney or an LPA is a legal document that allows you to appoint a person who you trust to act on your behalf, this person will then have authority over your property and fincancial and/ or health and welfare affairs in the event of your incapacity.

Types of LPA?
Your can create two types of LPA:

Property and Affairs LPA: A Property and Affairs LPA allows you to appoint someone to makes decisions on the way your property affairs are managed and how your money should be spent.
Personal Welfare LPA: A Personal Welfare LPA allows you to choose someone to make decisions about your healthcare and welfare. This can include decisions to refuse or consent to treatment on your behalf and deciding where you live.

These decisions can only be taken on your behalf when the LPA is registered and you lack the capacity to make the decisions yourself.

How Many LPA’s To Appoint?
You may not be able to check up on an attorney if you become incapacitated later in life. For this reason it is in your best interest to appoint someone you trust and that you know will look after you at a time when you no longer hold the capacity to do so yourself. It can be advisable in certain situations to appoint more than one attorney to prevent abuse of responsibility. You should appoint someone who manages their finances well and will use your money to meet your needs.

Existing LPA’s?
The Lasting Power of Attorney replaced the Enduring Power of Attorney (EPA) on 1 October 2007. A person given power under the EPA before 1 October 2007 can still use it and apply to have it registered. This person has a duty to apply to register the EPA as soon as they believe that you are becoming or have become mentally incapable of making financial decisions for yourself.

How Do I Cancel an LPA or EPA?

Lasting Power of Attorney (LPA): You can cancel your LPA only if you have the mental capacity to do so. If there is a dispute about whether your LPA has been cancelled, the Court of Protection has the authority to make the decision.
Enduring Power of Attorney (EPA): You can cancel an unregistered EPA if you have the mental capacity to do so, without applying to the Court of Protection. To cancel a registered EPA you must show the Court of Protection that you understand who the attorney is and what powers they have, that you understand the effect of the cancellation and why the EPA needs to be cancelled.

LPA’s and EPA’s can both be revoked if you or your attorney becomes bankrupt. This excludes Personal Welfare LPA’s.

Seeking Professional Advice?
Depending on the complexity of your estate and financial affairs you should always seek professional advice. Solomons Solicitors can help you create an LPA.

Free Initial Consultation

Paul Solomons – Head of Private Client Services
We are expert solicitors and can advise you in matters such as Wills, Probate, Trusts, Lasting Powers of Attorney and more. Contact us on 01202 802 807 to book a free consultation at our Bournemouth or Christchurch office to discuss with a Private Client Service specialist the process and outcome of your matter.

Request a Consultation

Testimonials

“Just a few lines to say thank you so much for what you are doing for me. At this point in time, there is so much to cope with and it’s great that you have taken all the legal worries over for me.” — Mrs Q

"Very pleased with the thoroughness of the service. Solicitors are prone to being slow, and unobtainable, but happily quite the opposite in this instance." — Mr H

“Once again an excellent service, thank you for such a smooth sale of our property” — Mr S

“Once again, my sincere thanks to all at Solomons.” — Mrs H

" My daughter would like to thank you for all your help and understanding" — Mrs S

“Iain was professional and responsive in all our communications and the executing of the conveyancing. He seemed prepared to ‘go the extra mile’! — Mr M

“Thank you Sarah for all your help and kindness, we got there in the end.” — Mrs H

“I am very pleased with the way things were dealt with and I will recommend your firm to future possible clients, thanks again.” — Mr A

“Very pleasant experience. Thanks.” — Mrs S

“Since talking with Paul Solomons, I feel that a big weight has been lifted off my shoulders, I look forward to meeting with him again so we can forge ahead.” — Mrs S

“All round satisfaction – excellent service, friendly staff” — Mrs H

"I have recommened to others the excellent service provided by the caring, kind, courteous and well informed staff at Solomons." — Mrs H

“Iain was fantastic, a brilliant help and very accessible. You were also the first firm out of 5 I tried that answered the phone during lunch time hours!” — Mrs Q

“Mr Lorrimer and Joanna Groves were always able to clarify any questions or problems we had with speed and efficiency” — Mr and Mrs W

"Very professional throughout all departments" — Mr B

"Since talking with Paul Solomons, I feel that a big weight has been lifted off my shoulders, I look forward to meeting with him again so we can forge ahead." — Mrs S

“I would recommend Iain Lorrimer and Solomons Solicitors for providing a fast and reliable service” — Mrs L

Lasting Power of Attorney Guide

Free Initial Consultation

Request a Consultation

News & Updates

Testimonials

Stay Connected