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Power of Attorney Solicitors Shrewsbury, Hereford, Telford, Conwy, Ludlow & Owestry

 

A Lasting Power of Attorney is a vital legal document which appoints a person of trust who will make decisions on your behalf, regarding property, financial or health affairs, at a time in the future when you may no longer be able to make those decisions yourself.

We may not wish to think about what will happen to us if we lose the mental capacity to make decisions about our welfare and finances. Life has, however, already taught us that it’s imperative that we make clear plans for our future.

Who you would like to make those important decisions for you and how you wish to be cared for – these are things to which we should attach great importance. And these wishes are only deemed legal if they are carefully put into effect in the correct legal instrument ahead of time.

We can help you to make a lasting power of attorney tailored to your needs, to give you peace of mind that your interests will be fully protected in the future.

For more information on making a lasting power of attorney contact our team today by phone or complete our enquiry form and we’ll call you back.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) – is a document which allows you legally to designate one or more people to control your affairs if you find yourself in a position where you cannot do so yourself. This could be the result of injury, illness or a degenerative condition commonly associated with old age.

Before October 2007, a Power of Attorney that could last the incapacity of the person who granted it was known as an Enduring Power of Attorney.

There are two kinds of LPA: Health & Welfare and Property & Financial Affairs.

It may make you feel uncomfortable to think of yourself in a situation in which you can no longer make your own decisions. However, having an LPA in place reassures you that people you trust can make decisions on your behalf should the need ever arise.

The LPA can be activated if you lack mental capacity. This means you do not have the ability to make a particular decision that has to be made at a certain time.

At Lanyon Bowdler, we can help you put an LPA in place for either health and welfare concerns or for your financial affairs. You will then be able to trust that your interests will be protected in the future.

If you require further advice on how to make a Lasting Power of Attorney, contact us today and speak to one of our friendly lawyers.

Health & Welfare LPAs

This is required if you lose mental capacity. It covers decision making such as:

  • where you live if your home is no longer suitable
  • medical care
  • life-saving treatment decisions

For your LPA to be activated (so that your attorneys can actually make decisions on your behalf in circumstances where you no longer can) it has first to be registered with the Office of the Public Guardian.

Property & Financial Affairs LPAs       

If you authorise, this can be activated when you are still mentally capable but want some assistance concerning your financial affairs.

You can control what decisions are made on your behalf. If you wish, your attorney can be asked to make all of your financial decisions.

Some of the financial decisions covered:

  • payment of bills
  • buying/selling property
  • mortgage payments
  • collecting any benefits on your behalf
  • making an investment

Setting up a Lasting Power of Attorney – and why you should

If you lose your mental capacity, and have not already set up an LPA, then your loved ones will be required to apply to theCourt of Protection to become a deputy. This is a long, expensive process.

Instead, you can designate a relative or friend, and then set up an LPA. You can nominate one or more persons to act on your behalf and decide how they can work together.

You may think that you are currently in perfect health and this does not affect you. What you must remember is that the LPA can only be set up when you have mental capacity. If you lose your capacity, then sadly, it’s too late.

Types of Power of Attorney

There are three different types, each with varying ramifications on what an attorney is able to do and when they are allowed to act on behalf of the donor.

General Powers of Attorney are legal documents which let you (as the Donor of the Power of Attorney) choose a person or people to make financial decisions on your behalf.

They are effective while the donor has mental capacity. If the donor loses his or her mental capacity, the General Power of Attorney is deemed ineffective.

These are usually set up for when decisions have to be taken on your behalf on a short-term basis. It is not a requirement for them to be registered formally.

EPAsEnduring Powers of Attorney – in terms of their registration requirements have similarities to General Powers of Attorney.

As with a General Power of Attorney they can also be used by the attorney whilst the donor has mental capacity at the Donor’s direction; the difference is that with an EPA the attorney is allowed to make decisions when the Donor can no longer do so themself. In this situation, the attorney must register the EPA with the Office of the Public Guardian.

Even though existing correctly executed EPAs are still valid, they are less common now – you could only create them before October 2007.

Following October 2007, Lasting Powers of Attorney (LPA) replaced the Enduring Power of Attorney. An LPA allows you to designate attorneys and also substitute attorneys to make decisions about your property and financial affairs; as well as health and welfare concerns. LPAs must be registered with the Office of the Public Guardian before being used; and, similar to EPAs, the attorney is authorised to make decisions on your behalf should you lose mental capacity.

If you need to cancel a Lasting Power of Attorney (LPA)

If you have mental capacity, you can cancel your Lasting Power of Attorney at any time.

Legal 500 Recommendation

The 2020 edition of The Legal 500 recommends the Lanyon Bowdler team and ranks the department in Tier Two.

Contact Lanyon Bowdler

Our team will be able to answer all your questions and guide you through what needs doing and when.

We will talk you through the process at each stage, in uncomplicated and jargon-free language, enabling you to reach the right conclusions and know that all aspects have been dealt with in the right way.

Please call or use the online contact form and a member of the team will get in touch directly.

Lanyon Bowdler have offices with expert teams of lawyers in Hereford, Bromyard, Shrewsbury, Ludlow, Oswestry, Telford, and Conwy in North Wales.

We are one of the most recognised law firms in Shropshire, Herefordshire, Mid and North Wales, Birmingham and the Midlands. We are able to offer a wide range of pricing options including fixed fees and service level guarantees.

As a leading national law firm, we regularly act for clients throughout the UK on a wide range of legal work concerning Wills, trust and administration of estates. We can represent you wherever you live in England, Wales or Northern Ireland.

Testimonials

From entering reception I was well looked after and offered drinks. I waited no longer than five minutes to see the solicitor who explained the procedure to me thoroughly. Any questions I had were answered to my satisfication. I found the whole procedure very professional and would definitely recommend them. 

- Mr Joseph Michael Foster, Telford

We were kept up to date with progress and probate was compleated within the estimated time.

- Mr Edwards, Worcester

Going beyond the responsibility expected to ensure the satisfaction of the client.

- Mr Shaw, Hereford

We would like to offer our sincere gratitude for the kindness, understanding and professionalism you have given during this very difficult time. We would not hesitate to recommend the services of Lanyon Bowdler.

- Ms H Gardiner, Herefordshire

Prompt response, clear advice.

- Dr A Geeson & Dr N Geeson, Hereford

The one to one connection with Mrs Julie Langford. Always very professional whilst extremely friendly, putting us at ease. 

- Mrs Maureen Angela Thomas, Telford

The team were easy to talk to and explained everything clearly

- Mr Price, Hereford

Helpful and courteous. Took time to explain complex issues.

- Mr J Barrett & Mrs W Barrett, Oswestry

Case Studies

Testate Case Study

Claire acted on a

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Nothing Left to Partner

Claire acted for a claimant whose partner died, leaving his entire estate to ...

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