Everybody is living longer these days. One consequence of this is that more people are reaching the stage where they can no longer take care of their own affairs. They may start to struggle with money and bills, have difficulty keeping their home secure and maintained, and fail to cope if anything goes wrong. There are also dishonest people around who prey on people at this stage in their lives, taking advantage of their vulnerability and defrauding them.

There is a solution. If you know someone who you can trust completely, you can draw up a Lasting Power of Attorney (LPA). This is a legal document which allows someone (the Attorney) to make decisions on your behalf.

There are two different types of LPA, a Property and Affairs LPA and a Personal Welfare LPA.  We can advise you about each one and guide you through the forms, which themselves can be quite daunting.  Our experience in this area enables us to point out matters for you to consider, and helps us to make sure that your LPA is tailored exactly to your own specific needs.

A Property and Affairs LPA allows your Attorney to make decisions on your behalf regarding your property and financial affairs. This includes paying your bills, collecting your income and benefits or anything else. If, for example, you had to go into permanent care it might be necessary to sell your house and your Attorney can deal with that. If you wish you can put restrictions or conditions in the LPA and you can also appoint more than one person. There are different ways to do this and we can make sure that you choose the option right for you.

A Personal Welfare LPA enables your Attorney to make decisions regarding your Personal Welfare, including whether to give or refuse consent to medical treatment and to decide where you live. These decisions can only be made by your Attorney when you lack the capacity to make them yourself for example if you are unconscious or due to the onset of a condition such as dementia.

Either type of LPA can only be used once it has been registered with the Office of the Public Guardian.

If somebody becomes mentally unable to manage their affairs without having created an Enduring Power of Attorney (“EPA”) (the old LPA for financial affairs) or an LPA, then the Court of Protection can appoint someone to act on their behalf, known as a Deputy.  We can assist with many types of applications to the Court of Protection, including those appointing a Deputy, registering EPAs, applying for Statutory Wills, and other such matters.  Each Court of Protection application is unique and we can help guide you through the practice and procedure, and give you guidance on the Court’s powers and the options available to you.