What is a Lasting Power of Attorney? (applies to England and Wales only)

A Lasting Power of Attorney enables you to decide, in advance, whom you would like to manage your finances (a Property and Affairs LPA) and your personal health and welfare affairs.  The Health and Welfare LPA includes where you live,  as well as who should look after your children should you lose the ability to do so. The people you appoint become your Attorneys.

What happens if I don’t have a Lasting Power of Attorney?

If you have an accident, stroke or other sudden disability and don’t have a Lasting Power of Attorney, your family will be powerless.   Someone will have to apply to the Court of Protection to be appointed as your “Deputy” to manage your affairs.

If you have a quarrelsome family who each appoint lawyers to fight for control, then the bill will be multiplied – and all taken from your assets!   That is likely to take at least 6 months and could cost many thousands. Until the Deputyship order is granted by the Court, joint bank accounts and anything in your name will be inaccessible to those trying to help you.

The Deputy will be under the supervision of the Court through the Office of the Public Guardian. This is clearly much more expensive and less satisfactory than choosing you own family attorneys in advance.  If you are unlucky, you may be paying for a solicitor to manage your life for you at great cost.

There are two sorts of Lasting Power of Attorney:

1) Lasting Power of Attorney Property and Affairs – essentially dealing with Financial matters.

2) Lasting Power of Attorney Health and Welfare – medical and welfare matters – such as where you live.

So how do I get a Lasting Power of Attorney?

1) You can download a FREE Lasting Power of Attorney kit at the Office of the Public Guardian.

2) You can buy all sorts of Lasting Power of Attorney Kits in the shops or online – buy why bother when the free Lasting Power of Attorney kit above!

3) Solicitors are often called upon to make Lasting Powers of Attorney, but their hourly rates are too high for it to make sense for them to advise you if you may be eligible for discounts on registration fees.

For some reason, many also seem not to appreciate the importance of the Lasting Power of Attorney Health and Welfare.  Very, very few carry out regular training and updating on Lasting Power of Attorney.  Once again, solicitors who specialise in this area can be absolutely superb.

3. US

  • We offer fixed fees, and make it as simple as possible to organise your Lasting Power of Attorney.
  • We really do care about making sure you do the best job you possibly can for your family and business.  Yes, without sound Legal Planning, a business can crash and die.
  • We offer an ongoing service to help you ensure your Lasting Power of Attorney stays up to date and relevant as personal circumstance (yours and the family) change. As taxes change and as the Law changes.  Does any other adviser offer that?
  • We do NOT push ourselves on you as Attorneys.
  • We are fully Regulated by the Society of Will Writers and Estate Planning Practitioners and have full professional indemnity insurance for £2,500,000.

Why not call us on 0800 298 5208 – or use the form if it’s out of hours.

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Lasting Power of Attorney