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A lasting power of attorney is a legal document in which you give another person or persons (the attorney) authority to make certain decisions on your behalf. There are two types of lasting power of attorney: property and financial affairs, which allows your attorney to deal with your property finances; and health and welfare which allows your attorney to make ongoing care decisions on your behalf, should you lack the mental capacity to do so.
If you would like to speak to an experienced lasting power of attorney solicitor in Bolton or the North West in general, contact Anita Boardman on 01204 377 600 or email firstname.lastname@example.org.
Appointing an Attorney
A lasting power of attorney is a very important document and care should be taken over who you appoint as your attorney. Your attorney needs to be trustworthy and have the appropriate skills to make decisions regarding your health, property and finances. It is possible to appoint more than one attorney if necessary.
Our lasting power of attorney solicitors can help you decide not only who to appoint as your attorney, but also whether a replacement attorney is necessary and whether multiple attorneys should be appointed jointly or jointly and severally.
When can an Attorney Act?
Your attorney will only be able to act when they have signed the LPA, you have signed it and it has been certified by an outside individual that you understand the nature and scope of the LPA and have not been unduly pressured into making the power. A certificate confirming there has been no fraud will also need to be obtained.
Once registered with the Office of the Public Guardian, a property and financial affairs LPA can be used when you have the capacity to act, as well as if you lack capacity to make a financial decision. The health and welfare power can only be used if you lack capacity to make a welfare or medical decision.
What if I have an Existing Enduring Power of Attorney?
Any valid, enduring power made before 1st October 2007 can still be used, but only in respect of your property and financial affairs. If you wish to give authority over your health and welfare you will need to make a health and welfare LPA.
What if I don’t have an LPA or and EPA?
If you do not consult a lasting power of attorney solicitor to arrange for an LPA, or have an existing EPA, and you lack the capacity to make a financial or welfare decision it may be necessary for an application to be made to the Court of Protection. This is both a costly and time consuming process.
Most care and treatment decisions can be made on your behalf without the need for a court application. However, if you wish to avoid any potential disputes you can give a particular person the authority to make those decisions on your behalf by making a health and welfare LPA.
Contact AFG Law Solicitors
If you would like to speak to a Lasting Powers of Attorney solicitor, telephone Anita Boardman on 01204 377 600 or email email@example.com.
Greg French joined the property department at AFG LAW in 2002. He became a partner and head of the department in 2004. Greg's areas of expertise include: wills, inheritance tax planning, residential and commercial conveyancing, commercial leases and probate work.read more