Lasting Power of Attorney

Yes, so long as you still have the mental capacity to do so. We can do this for you, contact us to discuss your options.

Yes. If you still have the mental capacity to make decisions, we can do that for you. You can change specific instructions in your LPA, remove an attorney, and notify change of details or death of an attorney.

If you wish to add an attorney, the only way you can do this is to end any existing LPA and create and register a new one.

Yes, if you grant that power in your LPA.

However, your attorney will not be able to refuse treatment on your behalf if you are sectioned under the Mental Health Act, or if you need life-saving treatment in an emergency situation, unless you have specifically granted this power in your LPA.

A property and financial affairs LPA comes into effect as soon as it is registered. That does not necessarily mean your attorney will be able to make decisions on your behalf straight away, but you should outline this in your LPA and also detail at what point they will be able to make decisions on your behalf.

In contrast, a health and welfare LPA only comes into effect when you lose the capacity to make decisions for yourself.

Yes. If an LPA is in place, it will cease upon your death, with your will then needing to be dealt with by your executor.

Other ways a lasting power of attorney can end include if:

• you cancel it
• your attorney loses mental capacity themselves
• your attorney divorces you or ends your civil partnership
• the Court of Protection removes an attorney
• your attorney dies
• in the case of a property and financial affairs LPA, your attorney is made bankrupt or subject to a debt relief order.

Yes. While a lasting power of attorney covers your wishes while you are alive, a will ensures your beneficiaries are protected after your death and that your estate is distributed in accordance with your wishes.

While a will and an LPA are different legal documents, many people choose the same person as an attorney and executor, but there is no requirement to do so.

We also offer will-writing services.

You can make a lasting power of attorney whenever you wish, assuming you have the mental capacity to do so.

If you do not already have a lasting power of attorney, it is a good idea to make one if you have been diagnosed with, are at risk of, or think you might develop an illness that could affect your ability to make decisions for yourself in the future.

Anyone over the age of 18 with the mental capacity to make financial, property, and medical decisions for themselves can make a lasting power of attorney.

Yes, anyone can object to an LPA, although it’s most common for attorneys, where there is more than one, or “persons to be told” to raise objections to an LPA.

There are several grounds under which someone can object to an LPA, known as factual objections and prescribed objections.

Factual objections include: the donor or an attorney has died, the donor and an attorney were married or had a civil partnership but have now divorced or ended the civil partnership, an attorney not having the mental capacity to be an attorney, an attorney choosing to stop acting as an attorney, or the donor or attorney are bankrupt, interim bankrupt, or subject to a Debt Relief Order. The points around bankruptcy only apply to property and financial affairs LPAs.

Prescribed objections include if you believe: an LPA isn’t legally correct, the donor didn’t have the mental capacity to make an LPA, the donor cancelled or expressed a wish to cancel their LPA having regained mental capacity, fraud has taken place, the donor was pressured into making an LPA, or an attorney or attorneys are not acting in the donor’s best interests.

All objections must be raised with the Office of the Public Guardian and evidence provided to support objections. Attorneys and “persons to be told” have three weeks after being notified of its registration to object to an LPA and can do so at no cost.

Anyone over 18 can be an attorney.

The only other restriction is that an attorney for a property and financial affairs LPA cannot be bankrupt or subject to a debt relief order.

Yes. While your spouse is your next of kin, they do not automatically have the right to make decisions about your health and welfare or property and financial affairs should you lose the capacity to do so. As such, not having a lasting power of attorney could mean your spouse is unable to make decisions about joint bank accounts or selling your property without first getting a deputyship order from the Court of Protection.

No, an LPA can only apply to individuals. Generally, a married couple would nominate each other and, where applicable, one or more of their children. LawPlus offer a package rate for members of the same family.

Many people choose to have both types of LPA, often with the same attorney or attorneys. This can be wise, as a deterioration in your mental capacity to the point where you need someone to make decisions about your health and welfare often means that your financial affairs need dealing with too.

However, it is important you make the right decision for you and your loved ones.

The main difference is what they cover.

A health & welfare LPA covers decisions about things like your medical treatment and care, your daily routine, where you live, what you eat and drink and who can visit you.

In contrast, a property and financial affairs LPA covers decisions and actions around things like your home and assets.

Another difference is when they can be used. A health and welfare LPA can only be used when you no longer have the mental capacity to make such decisions for yourself. In contrast, a property and financial affairs LPA can be used at any point you need help making decisions relating such matters.

Until you change or end it yourself, or upon your death, at which point your will, if you have one, would come into effect.

You can only change or end an LPA if you’re deemed to have the mental capacity to make such a decision.

It depends on the type of LPA you have.

If you have a health and welfare LPA, your chosen attorney or attorneys can make decisions about your medical treatment and care, your daily routine, where you live, what you eat and drink and who can visit you.

If you have a property and financial affairs LPA, your chosen attorney or attorneys can make decisions and take actions like paying your mortgage, dealing with other bills and debts, selling your property, buying a new property to meet your needs, managing your pensions and investments, managing your bank account, and collecting benefits.

When you create your LPA, you will be able to give both instructions and directions to your chosen attorneys, covering actions or decisions that you insist must be taken, as well as indicating preferences but leaving the final decision to your attorney or attorneys. You can also indicate advance decisions in your lasting power of attorney, such as a desire not to be resuscitated in certain situations.

It can be a good idea to have both.

It is worth noting that you do not have to appoint the same attorney or attorneys if you have both LPAs. As such, if you have different family members who you feel would be better at dealing with financial or health matters, or you want to avoid loved ones being put in difficult situations, you can tailor each LPA and the attorneys you appoint accordingly.

If you lose the mental capacity to make a lasting power of attorney, and you do not already have an LPA in place, then a loved one will need to apply for a deputyship order from the Court of Protection in order to manage your financial affairs or make decisions about your health and welfare.

If you lose the capacity to make decisions for yourself without having an LPA in place, your loved ones can apply for a deputyship order from the Court of Protection, under which they would be able to make decisions on your behalf.

Applying for and maintaining a deputyship order can be costly and time consuming. In addition, it also means you would have no say in who is appointed as your deputy, or the power granted to them. The Court of Protection can also reject a loved one’s application to be your deputy, which could mean your local authority, doctor or a social worker is put in charge of making decisions on your behalf, even if these go against your or your family’s wishes.

If you are married and lose the capacity to make decisions for yourself without having a lasting power of attorney, your spouse may not be able to manage or deal with joint assets, including joint bank accounts and your home, until a deputy is appointed.

It depends on the type of LPA you are looking to create, what you want to include, and whether you are undertaking any other form of estate planning at the same time.
Contact LawPlus now to discuss your needs and get a quote.

Depending on the type of lasting power of attorney you have, and the circumstances under which it comes into effect, your attorney could have responsibility for making decisions relating to your health and welfare or your property and financial affairs.

When you create your lasting power of attorney, you will have the opportunity to specify particular elements of your life for which you wish to grant power to your attorney if necessary, so their role is whatever you want it to be.

Nobody needs a lasting power of attorney.

However, having an LPA is the only way to ensure that someone you trust is placed in charge of your affairs should you lose the capacity to make decisions for yourself.

If you do not have an LPA, your family can apply for a deputyship order, but its possible that your local authority or medical team could be given responsibility for making decisions on your behalf.

A lasting power of attorney can cover either your health and welfare or your property and financial affairs.

If you have a health and welfare LPA, your chosen attorney or attorneys will make decisions about things like your medical treatment and care, your daily routine, where you live, who can visit you, and what you eat and drink.

If you have a property and financial affairs LPA, your chosen attorney or attorneys will manage all your financial affairs, assets and property. Their responsibilities can include making sure your mortgage and other bills are paid, handling any debts, selling property or assets, managing your pensions and other investments, and collecting benefits.

A lasting power of attorney, or LPA, is a legal document in which you appoint one or more people to make decisions on your behalf when you are no longer capable of doing so. An LPA is a means of making proper arrangements for someone you trust to take care of your affairs, usually later in life, but whenever they are called upon to do so.