logo

Lasting Powers Of Attorney

About The Service Meet The Team Latest Resources

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 privateclients@afglaw.co.uk for further information or call us on 01204 377600.

 

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, contact privateclients@afglaw.co.uk for further information or call us on 01204 377600.

Speak to a solicitor Get in touch

Who Is Going To Help You

Guides & Resources

Wills

Make sure your Lasting Power of Attorney is drafted properly

Latest News

Can I stop probate being granted?

Wills

Intestacy Rules Simply Explained

Wills

What is probate? Our no nonsense guide to probate in the UK

Not sure what you need?

Picking up the phone to one of our team will not commit you to taking things forward. We are happy to have an initial, totally confidential conversation with you and go from there.

Give us a call

  • Bolton 01204 377600
  • Bury 0161 359 3880

Or send us an email

Award-winning legal services

We offer a full range of legal services for individuals and businesses alike.

Many of our services are provided UK-wide, with our physical offices located in Bolton and Bury.

AFG were recommended to me by the agents selling my property, in the main I dealt with Elizabeth who was ever the professional, dealt with all matters quickly and answered any questions I had promptly. Elizabeth also kept me updated throughout the process for which I was extremely grateful. Thanks also to Dominique for dealing with the conveyancing so quickly , much appreciated. Wouldn’t hesitate to recommend AFG.

Janet Silvester

Dominique Oliviero, Elizabeth McWhinnie

Let us help you

News