Layzells solicitors can advise you on and arrange a lasting power of attorney.
What is a lasting power of attorney?
A lasting power of attorney is a legal document that lets you appoint one or more people to help you make decisions or to make decisions on your behalf.
This gives you more control over what happens to you if you have an accident or an illness and cannot make decisions at the time they need to be made.
There are two types of lasting power of attorney, one for health and welfare and the other for property and financial affairs. You can choose to make one type, or both.
Who can make a lasting power of attorney?
You must be 18 or over and have the ability to make your own decisions when you make your lasting power of attorney.
You can choose one or more people to be your attorney. If you appoint more than one, you must decide whether they will make decisions together or separately.
Your attorney needs to be 18 years or over. The person or people you choose when making your lasting power of attorney can be a friend or relative, your husband, wife or partner, or a professional such as a solicitor. You must appoint someone who has the mental capacity to make their own decisions. Your attorney does not need to live in the UK or be a British citizen.
When choosing an attorney, think about:
- how well they look after their own affairs, for example their finances
- how well you know them
- if you trust them to make decisions in your best interests
- how happy they will be to make decisions for you
Health and welfare
A health and welfare lasting power of attorney gives your attorney the power to make decisions about your daily routine, your medical care, moving you into a care home and getting life-sustaining medical treatment. It can only be used if you are unable to make your own decisions.
Property and financial affairs
A property and financial affairs lasting power of attorney gives your attorney the power to make decisions about your money and property, including managing your bank and building society accounts, paying your bills, and collecting your pension or benefits and, selling your home. It can be used as soon as it is registered, with your permission. You cannot choose someone who is subject to a Debt Relief Order or someone who is bankrupt if you are making a lasting power of attorney (LPA) for property and financial affairs.
If there is more than one attorney
If you are appointing more than one person, you must decide if they will make decisions:
separately or together – sometimes called ‘jointly and severally’ – which means attorneys can make decisions on their own or with other attorneys
together – sometimes called ‘jointly’ – which means all the attorneys have to agree on the decision
You can also choose to let them make some decisions ‘jointly’, and others ‘jointly and severally’.
Attorneys who are appointed jointly must all agree or they cannot make the decision.
When you make your LPA you can nominate other people to replace your attorney or attorneys if at some point they cannot act on your behalf anymore.
You must register your LPA or your attorney will not be able to make decisions for you.
Our experienced lawyers in the Private Client Department have the knowledge and skills to advise you on your LPA and prepare and register your LPA for you.
Talk to our Lasting Power of Attorney Solicitors in Muswell Hill
Our Private Client Solicitors have vast experience in private client matters including Lasting Powers of Attorney, Wills and Probate. If you have an enquiry or would like to learn more about how Layzells Solicitors can help you, please call 020 8444 0202, email us or fill out the enquiry form below.