Lasting Power of Attorney

Lasting Power of Attorney

We offer expert drafted Lasting Power of Attorney services to clients in need.

LPA FAQ | Our Team | Case Study

A lasting power of attorney helps you in appointing the right person to make decisions regarding the future and distribution of your property, money, health welfare and possessions.

The attorney is responsible for carrying out the duties in case the donor is no longer able to make informed decisions. The purpose of appointing the attorney is to help the donor in decision making either due to lack of mental capacity of the donor or other similar reasons.

Losing mental capacity is a real challenge and could impact physical and emotional wellbeing while creating stress for the family member and acquaintances. LPA is something worth planning for, and we help you in safeguarding your interests and ensuring you with peace of mind.

Iftekhar Shah
Head of Private Client
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LPA FAQs

What is the eligibility criteria for making LPA?

To have an LPA, you must be at least 21 years old and should have the mental capacity to make informed decisions and draft lasting power of attorney. You can appoint your attorney in two broad perspectives which are personal and health welfare and property affairs.

What will happen if you don’t have LPA?

In case you don’t have an LPA and lack the mental capacity to do so, it doesn’t allow your family members to make decisions regarding your legal matters and personal affairs. As you haven’t appointed anyone as the attorney, your family members might face challenges in managing your matters and deciding upon the right usage of your funds and needs.

Your family members will then be required to apply to courts. The courts will appoint them as deputy before they are officiated with the right to make decisions on your behalf. Keep in mind, creating an LPA document not only saves your family and close ones from the hassles of courts, but it also cost less than the entire legal deputyship process.

Who can act as the attorney?

In case you don’t have an LPA and lack the mental capacity to do so, it doesn’t allow your family members to make decisions regarding your legal matters and personal affairs. As you haven’t appointed anyone as the attorney, your family members might face challenges in managing your matters and deciding upon the right usage of your funds and needs.

Your family members will then be required to apply to courts. The courts will appoint them as deputy before they are officiated with the right to make decisions on your behalf. Keep in mind, creating an LPA document not only saves your family and close ones from the hassles of courts, but it also cost less than the entire legal deputyship process

What are the duties and responsibilities of the attorney?

The attorney’s power and influence largely depend on the parameters and restrictions set by the donor and mentioned in the legal document. The attorney is entrusted with several responsibilities and duties which can be listed below:

● The attorney should ensure the best donor’s interest before taking any decisions on his behalf.

● The attorney is responsible for making decisions as per the terms and criteria mentioned in LPA document.

● The attorney should not, in any case, delegate his powers to any other individual or family member.

● The attorney is entrusted to maintain the donor’s confidentiality in every matter.

● The attorney is not responsible for signing any legal document on behalf of the donor, such as will document.

● The attorney is not allowed to exchange gift and presents on behalf of the donor except for the restricted circumstances.

● The attorney is not allowed to express or show consent on marriage or divorce matters on behalf of the donor.

When does LPA become effective?

The legalities of lasing power of attorney become effective once the document has been registered with the Office of the Public Guardian (OPG). Since there is no particular time of registering the document, it can be registered whenever the need arises. Registering the document doesn’t necessarily indicate the loss of mental capacity of the actual donor; rather, the donor could continue deciding on his own even after completion of LPA. An important point to note down is that LPA cannot be valid and used until it is registered. The registration could be done immediately after completion, or it could be stored safely without getting it registered only to be used at the time of need.

Can the registration LPA be objected?

The validation of legal power attorney can be objected and challenged. To do that you will have to draft and lodge a complaint against the legality of LPA document in the court of protection.

Wills & Probate Team

Dorothy Turner
Solicitor

READY TO HELP

Wills Case Study

We were approached by an elderly person in Bedfordshire who wanted to get a will drafted at home due to the Covid-19 pandemic. We assisted them through:

  • Home visits which was convenient for for them;
  • Window service for checking and signing will
  • Payment was collected through our simple online system
  • The service was delivered in a matter of days