Lasting Power
of Attorney
“A powerful legal document which allows you to appoint an individual of your choice, to look after your affairs should you no longer wish to make decisions or lack the capacity to manage your affairs yourself.”
2 Types of LPA
Property and Financial Affairs
This allows the Attorney to make decisions about paying bills, dealing with banks and investments, arranging and collecting benefits and selling property on behalf of the Donor.
Health and Welfare
This allows the Attorney to make decisions for the Donor such as care issues, where the donor lives and, where the donor wishes, giving or refusing consent to life sustaining treatment.
What Happens if you don’t have an LPA?
Financial Concerns
You could become mentally incapable as the result of an accident, illness, or old age. Without an LPA in place the only way your financial affairs can be managed is by an application being made to the Court of Protection for a Deputyship order.
Medical Dilemmas
You may have had discussions with your loved ones about your wishes should the unthinkable happen regarding life sustaining treatment. Without an LPA in place those wishes may be disregarded and a doctor will decide on your behalf.
How does it work?
LPA can only be set up whilst you have mental capacity
If you lose capacity It cannot be set up retrospectively
You choose who you would like to act as your attorney and how – solely or jointly & severally
Choose how you want your Attorney to act – Property & Financial affairs or Health & Welfare or both?
Decide when you would like LPA to come into effect, immediately or only on loss of capacity?
We register your LPA with the Office of the Public Guardian
Alex suffers an unexpected illness or accident, resulting in a loss of mental capacity
Without an LPA
Sole bank accounts are frozen
Joint bank accounts may be frozen
Bills can’t be paid from Alex’s money
Investment decisions can't be made and any previous authority given to make investments is cancelled
Executor is legally and financially liable
Property can't be sold meaning a cohabiting partner can't move house
Next of kin don’t have the legal right to make decisions about medical treatment
Next of kin don’t have the legal right to make personal choices e.g. for care
With an LPA
Alex has legally appointed a representative to make decisions about finances
The bank recognises the chosen representative’s legal authority and no accounts are frozen
Investment decisions can be made by Alex’s representatives
Bills can be paid as normal
Property can be sold if needed
The representative has the legal right to make decisions about Alex’s medical treatment
The representative can make personal choices for Alex
Book your Estate Review
The regulated activities concerning probate and trust services that Trust Family Associates offer are provided by one of the panel of SRA regulated solicitors that Trust Family Associates work with.