Lasting Power of Attorney

Lasting Power of Attorney

Anxious about what the future may bring as you advance in years? Wondering what might happen to you or your family if you have an accident, get sick or become incapacitated? Worried about what will happen to your property and finances or how your family will cope?

If you are worried about any of the above scenarios, our expert team of Lasting Power of Attorney solicitors in Whetstone can help you make all the necessary plans for the future to help safeguard you, your assets and loved ones, should old age, illness or injury leave you unable to manage your own affairs.

Our dedicated and experienced team offer friendly and professional guidance with the highest standards of client care.

We can help you with:

  • Making a Lasting Power of Attorney
  • Registering a Lasting Power of Attorney
  • Applications to the Court of Protection
  • Power of Attorney Disputes

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that allows you to plan for what will happen to you and who will make decisions for you, if you lose mental capacity and become unable to make decisions for yourself in the future. It is a way of giving someone you trust (your attorney) the legal authority to act on your behalf should you either lose capacity or no longer wish to make decisions for yourself.

There are two different types of LPA we can help you with:

  1. An LPA for Property and Financial Affairs which covers decisions about your money and property. This includes the management of bank or building society accounts, the buying or selling of property, managing or changing investments, welfare and benefit payments, tax affairs, debts and legal proceedings.
  2. An LPA for Health and Welfare which covers decisions about your health and personal welfare. This includes decisions about medical treatment, where you are cared for and the type of care you receive as well as day to day things such as diet, bathing, dressing and daily routine.

What does it mean to lose mental capacity?

If you are no longer able to make decisions for yourself, it is called not having “capacity”. There are many reasons why you might be unable to make decisions for yourself such as being unconscious, having dementia, having a mental health condition or having suffered a brain injury or stroke.

To lack capacity means you cannot:

  • Understand information relating to making a decision
  • Retain information for long enough to make a decision
  • Take necessary information into account when making a decision
  • Communicate your decision

Who can I appoint as my Attorney?

You can appoint one or more people (over the age of 18) that you trust, either together or separately, to make important decisions for you. This may be a relative or close friend who will take control of decisions and support your best interests.

It is important that the people you choose to appoint as attorneys fully understand your wishes, respect your values and will be able make the decisions that you would want.

Why make a Lasting Power of Attorney?

Without a Lasting Power of Attorney in place, your family and friends may not know of your precise wishes and may, therefore, find it very difficult to manage your affairs for you. Data Protection legislation also makes it difficult for anyone else to manage your assets and personal matters. In the absence of an LPA, an application would need to be made to the Court of Protection for a Deputy to be appointed which can be a complex, time consuming and costly process.

By making a Lasting Power of Attorney you will be able to:

  • Take control of your future whilst you are still able to do so.
  • Appoint your chosen attorneys who will act on your behalf.
  • Specify what powers your attorneys will have.
  • Set out your precise wishes.
  • Give instructions on what should happen to your property or assets.
  • Inform those who you want to know about your Lasting Power of Attorney and give them the opportunity to express any views or concerns, should they wish to do so.
  • Avoid future conflicts by having your signature and the signatures of your attorneys witnessed.
  • Avoid expensive, complex and costly applications to the Court of Protection.
  • Have peace of mind for yourself and your loved ones, knowing that all the necessary plans are in place.

Our dedicated team of Lasting Power of Attorney solicitors in Whetstone are ready to answer all your questions and advise you on the best ways you can plan for your future. We are here to help guide you through your options and help you complete and register the official forms needed to make your LPA.

We take pride in our diligent and compassionate approach, understanding the difficult decisions that you and your family can be faced with.

By making an LPA with our solicitors today, you will not lose any control over your affairs. Instead you will be taking positive and prudent steps towards safeguarding your future so that your exact wishes are adhered to later in life, giving you peace of mind and avoiding any future problems for yourself or your loved ones.

Power of Attorney Disputes

In our experience, disputes can still occur even when a LPA has been put in place. Disagreements between family members and attorneys can and do arise over issues such as:

  • Whether the individual had the mental capacity to make an LPA in the first place
  • Whether the individual still has mental capacity
  • How an attorney is handling the individual’s affairs with regard to spending, sale of property, investment decisions, gifts or the individual’s Will.

Whatever the nature of the disagreement, we know that this can be an upsetting and distressing occurrence. In such circumstances, it is important to seek prompt specialist legal advice. Carlsons solicitors are skilled mediators and have the specialist expertise to help resolve power of attorney disputes.

Contact Us Now

To make an appointment or to find out more about how our Lasting Power of Attorney solicitors in Whetstone can help you, telephone our dedicated team on 020 8445 3331 or email: admin@carlsonssolicitors.com Alternatively, you can complete our quick online enquiry form.