Lasting Powers of Attorney Solicitors in Plymouth

Putting Lasting Powers of Attorney (LPA) in place offers security for you and your loved ones and lets you decide what should happen if old age, illness or injury should leave you unable to deal with your own affairs. Through careful planning when writing the LPA, you can give instructions on what should happen to you, your money and your property.

With decades of experience in helping our clients to make personal arrangements, our Lasting Power of Attorney solicitors deliver expert legal advice. We can draft an LPA that protects your interests, giving you peace of mind for the future.

David Cornelius

What is a Lasting Power of Attorney?

Lasting Powers of Attorney (or LPAs) are legal documents that give other people the right to make financial or medical decisions on your behalf. This can either be a temporary measure or a permanent arrangement, depending on your personal circumstances.

Nash & Co’s Lasting Power of Attorney solicitors can help you get the right documents in place for your circumstances.  If an individual becomes unable to handle their own affairs due to ill health or injury, a Lasting Power of Attorney is designed to allow their appointed attorneys to act on their behalf to make decisions and manage their property and financial affairs.

Lasting Powers of Attorney aren’t just for old age

Arranging to have Lasting Powers of Attorney put in place is a simple process. It’s also sure to save a considerable amount of time and effort in years to come – should your circumstances change. By making arrangements now, you’ll avoid delays in your family accessing finances or making crucial medical decisions. Pre-emptive action means that your appointed attorneys will be able to act on your behalf instantly.

For business owners, it’s important to consider what would happen to your business if you were unable to make a decision due to having a serious accident or suffering from a medical condition which incapacitates you. In such circumstances, who will authorise the payment of bills, sign cheques, service a business loan or pay salaries? Without a Lasting Power of Attorney in place that covers these areas, family members and colleagues won’t get the authority to make decisions on your behalf. 

call Speak to one of our friendly Private Client Solicitors on 01752 827076

Types of Lasting Power of Attorney

There are two types of LPA: 

  • A property and financial affairs LPA, which allows your attorney to deal with your property and finances. If you own a business, you should consider having one financial LPA for your personal finances, and one financial LPA for your business interests.

  • A health and welfare LPA, allows your attorney to make welfare and health care decisions on your behalf, but only when you lack the mental capacity to do so yourself. This could also extend, if you wish, to giving or refusing consent to the continuation of life-sustaining treatment.

How to choose your Attorneys

As with any legal document, it is an important decision to make and you should take care whom you appoint as your Attorney as they should be trustworthy and have appropriate skills to make the proposed decisions. If you appoint more than one attorney, you can appoint them to always act together (jointly) or together and separately (jointly and severally). 

You may also choose to appoint a replacement attorney, should your attorney die or is otherwise unable to act for you.

David Cornelius

When can the Attorney act?

The attorney will only be able to act when the LPA has been registered. To do this, the document needs to be signed by you and your attorney(s), certified by a person (known as a ‘Certificate Provider’) whose role is to confirm that you understand the nature and scope of the LPA and you have not been unduly pressured into making it. The Certificate Provider will also need to confirm there has not been any fraud and there is no other reason preventing you making the power. 

The property and financial affairs LPA can be used both when you have the capacity to manage your own property and financial affairs, as well as if you lack mental capacity to make those financial decisions. If you wish, you can restrict your attorney to only be able to make financial decisions if you should lose capacity in future. The health and welfare power can only be used if you lack mental capacity to make a welfare or medical decision.

Beaumont House

 What happens next?

Please give us a call on 01752 827067 or email lpa@nash.co.uk and we’ll chat you through the various options on how to proceed.

Frequently asked questions

In this comprehensive video series, our knowledgeable wills, trusts and probate experts will address the most common questions related to wills, trusts, tax considerations, and the probate process. We understand that these topics can often seem daunting, so we've compiled this resource to empower you with the essential information you need to make informed decisions.

  • They are legal document which give powers appointing someone else to manage your affairs if you become too unwell in the future to manage them yourself. There are two kinds, one covering financial affairs and one covering health and welfare decisions.

  • Anything that you own can be included in a financial decision, which includes your property and savings, and might also include any business that you might own or have a share of, it includes all your personal possessions and any outstanding loans. Your attorney can do anything with your financial arrangements that you can, except make significant gifts.

  • Any medical decision about any form of treatment or drug therapy, including the right to refuse medication or treatment. Social care decisions include what you wear, what you eat and who visits you. An important decision is where you live, including whether you go into a care home and if so, which one.

    Our cancer misdiagnosis lawyers in Plymouth will do all they can to understand the impact that the delay or misdiagnosis has had on your cancer's development. It’s vital to then understand how this has impacted your life as well as those around you.

    If you’ve had to pay for extra medical treatment, medication or take time off of work, then these can all put you under financial strain at a time when you really don’t need that.

    As part of your claim, we would aim to cover all of the out-of-pocket expenses caused by the negligence you suffered. This can even include things like accommodation and travel costs.

    Finally, we’ll also take into consideration the impact that the negligence has had on your social life and career.

  • There is a separate question about life-sustaining treatment, such treatment can include CPR, food and fluid, medication, admission to the hospital or antibiotics. It is any kind of treatment that sustains life. You can choose to allow your attorneys to make this decision on your behalf or not.

  • Yes, you can appoint your ‘original’ Attorney(s) in the first instance, and then ‘replacement’ attorneys (if something were to happen to your first set of attorneys). It is advisable to appoint more than one attorney, or to have replacement attorneys if you only have one original attorney, to ensure you still have someone to care for you, if something should happen to your main attorney/s.

  • If you have more than one attorney or replacement attorney, they can act either jointly which means that all of your attorneys must agree (which can be inconvenient) or jointly and severally, which means that any one of your attorneys can act on their own. If you specify it, you can have a hybrid of this, where some decisions are jointly and some are jointly and severally, you need to stipulate which decisions are to be made either way.

  • An LPA usually takes 2-4 weeks to prepare and have signed by all your chosen attorneys and replacement attorneys. Technically the LPA is not created and should not be used until the date that it is registered at the Office of the Public Guardian, which can take 4-5 months after the document is signed by the donor and the attorneys.

  • As long as your proposed attorneys are over the age of 18, there is no time when it is too soon to create them, but if you were to have an unexpected illness or accident, it could be too late. They don’t need to be used immediately after they are created and putting your LPAs in place ahead of when they are needed is an excellent way of making sure your affairs are in order. Think of LPAs like insurance; it is much better to have them in place, registered and ready to be used if they are ever needed in the future.

  • If you became unwell or lost mental capacity without preparing LPAs, your family would be forced to apply to the Court of Protection for a deputyship order, which takes much longer than the registration of an LPA (9-12 months) and costs more money in both legal fees and registration fees. There are also ongoing bond and supervision costs with deputyship, which are not incurred with LPAs.

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