Life is full of uncertainties, which is why it is a good idea to set up a Power of Attorney to offer a certain level of protection.

A Lasting Power of Attorney (LPA) is a legal document which allows a third party (the attorney) to help you (the donor) make decisions or, in the event that you lose mental capacity, to make decisions on your behalf.
For legal advice tailored to your circumstances, contact us on 01202 802807 or complete our online contact form.

Types of LPAs available

What is a financial LPA?

What is a health & welfare LPA?

How do I set up an LPA?

Types of LPAs available

Having an LPA can provide you with peace of mind that your affairs will be handled by a person of your choosing, should you lose mental capacity. It’s important to know the different kinds of LPAs you can have and what powers each of them gives your attorney.
In England & Wales, there are two types of LPAs available:
● The Property & Financial Affairs LPA● The Health & Welfare LPA

What is a financial LPA?

An LPA for financial decisions can cover things like buying and selling property, paying bills, and investing money. The property and financial affairs LPA can be used as soon as it’s registered, with the donor’s permission.

Why would I need a health & welfare LPA?

LPAs for health and welfare covers things like where you should live or your day-to-day routine such as your diet. This type of LPA also allows you to make clear whether you would want to refuse or consent to medical treatments. Should you lose mental capacity (either temporarily or permanently), having a health and welfare LPA can ensure decisions about your life are in line with your wishes.

How do I set up an LPA?

For LPAs to be valid in England, the document must be signed by:
● The donor● The attorney(s)● The witnesses● A certificate provider (e.g. a solicitor)
It is imperative the above is adhered to or the validity of the document can be questioned. Having a professional Lasting Power of Attorney solicitor by your side can give you the comfort in knowing all legal requirements have been followed.

One of the most crucial decisions when setting up an LPA is who you are going to pick as your attorney. The person of your choosing will make decisions on your behalf if you lose capacity, so it is vital you fully trust the individual.
You can have more than one attorney and, if you decide to have a financial LPA as well as a health & welfare LPA, you should be aware that you do not need to have the same attorney for both documents.
At Solomons Solicitors, we have more than 50 years combined legal experience creating and registering LPAs as well as elder client law. Having a Lasting Power of Attorney is an essential part of estate planning and can help you protect your and your family’s future.

What is an LPA?
Generally speaking, a Lasting Power of Attorney (LPA) is a legal document which gives you the right to choose people you trust to make decisions on your behalf. It is a very powerful document which affords the appointed attorneys the ability to manage your affairs as if they were their own. LPAs cover property, finances and health and welfare.
What is the difference between a Health & Wellbeing LPA and a Property & Financial Affairs LPA?
A Property and Financial Affairs LPA allows you to appoint someone to make decisions about the way your property affairs are managed and how your money should be spent.

A Health and Welfare LPA allows you to choose someone to make decisions about your healthcare and welfare. This may include decisions to refuse or consent to treatment on your behalf and deciding where you live.
When do I need to make an LPA?
When it comes to making an LPA, it’s never too early, but it can be too late! Being prepared allows you to take control and choose who would deal with your affairs and how they should do so, if you become unable to manage your affairs yourself in the future. Putting LPAs in place also ensures that your trusted loved ones can act for you as soon as you need them to, and spares them the arduous and costly process of applying to the courts for permission to deal with your affairs (a Deputyship).
I have an Enduring Power of Attorney - Can I use it?
An EPA can be operated as soon as it is signed, but if the donor becomes mentally incapable there is a duty to register the EPA for it to continue. There is quite a complex registration process with the Office of the Public Guardian (OPG) under which a number of people must generally be notified of the registration.

Paul Solomons

Alexandra Livesey

Brontë Vickery

Phoebe Aldworth

Solomons Law LLP trading as Solomons Solicitors is authorised and regulated by the Solicitors Regulation Authority No. 816644.

Solomons Law LLP trading as Solomons Solicitors is authorised and regulated by the Solicitors Regulation Authority No. 816644.

Lasting Powers of Attorney

What does a Lasting Power of Attorney do?

What is an LPA?

What is the difference between a Health & Wellbeing LPA and a Property & Financial Affairs LPA?

When do I need to make an LPA?

I have an Enduring Power of Attorney - Can I use it?

Paul Solomons

Alexandra Livesey

Brontë Vickery

Phoebe Aldworth

Get in touch with our Lasting Power of Attorney Solicitors in Bournemouth, Poole & Christchurch