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Our Private Client Services

Powers of attorney & Court of Protection

Lasting Powers of Attorney (LPA)

Your Wills will not take effect until you die. An LPA is a legal document which allows you to appoint one or more people to make decisions on your behalf in relation to either your health care or financial affairs at a time in the future when you no longer wish to make those decisions or you lack mental capacity to do so.

LPAs replaced EPAs and were brought into being by the Mental Capacity Act 2005 which governs their operation. There are two types of LPA:

You can make either one or both LPAs and they do not come into operation until they are registered with the Office of the Public Guardian. It is possible to use the Property and Affairs LPA before mental capacity is lost, if the LPA provides for this, but it still has to be registered.

There are various requirements which must be met to ensure that an LPA is valid and PWT Advice can guide you through these, by checking your capacity and understanding of the documentation, completing the paperwork required for notification and registration and acting as your Certificate Provider, if required.

By making an LPA you have the opportunity to decide who will make important decisions on your behalf if you are unable to do so. It also gives you an opportunity to record your wishes in respect of your health care. Without an LPA a court application has to be made to appoint a Deputy. The person(s) named as Deputy is chosen by the Court and not by you and, accordingly, could be someone you would not ordinarily choose to make such decisions. The procedure is lengthy and complex and therefore expensive and traumatic for your family who will have to go through the process whilst coping emotionally with a loved one who has lost capacity.

It is important to note that all Powers of Attorney will come to an end upon the death of the person giving the power.

For a no-obligation discussion, call us on + 44(0)345 833 9025

We've listed the areas we can advise on in detail but we don't want to waste your valuable time. If you're not sure whether we can help, just email us or call on + 44(0)345 833 9025. We're happy to have a look at your issues and confirm if we can help.