Power of Attorney

At Ashworth Law, our specialist solicitors can provide expert advice if you need to  consider Power of Attorney issues. What's more, our team deal with such matters with the greatest sensitivity and care.

A Lasting Power of Attorney (LPA) is the legal appointment of someone you choose to help you with decisions - or indeed make them for you. The person you appoint takes has all the same rights you would have, and so can sign official forms and act on your behalf. You can appoint just one person, or a group or people to act for you, although it's unusual to have a large group of more than four.

Why would I need an LPA?
Lasting Powers of Attorney are incredibly useful in the event of loosing mental capacity, most commonly as people get older are become less able to deal with day to day decisions. Appointing a trusted advisor in advance of that happening makes sure you are comfortable with the person who will make decisions for you. If you loose mental capacity and don't have an LPA in place, the Court of Protection will appoint someone on your behalf, but the process is both lengthy and costly. Typically it takes the best part of a year to complete and costs over £2000. What's more, you'll have no say in who that person is, and during the time it is set up your assets will be frozen, meaning bills will could be left unpaid.

Whilst you retain your mental capacity, you can change your appointed attorney (the person you name to act on your behalf) simply by revoking the document
Types of LPA
Two types of LPA exist, with quite different purposes.

A Property and Affairs LPA allows your attorney(s) to make decisions regarding your property and finances, taking control of bills and making sure you are getting the best deal. If needed your attorney(s) can make major decisions such as selling your home if needed.

A Health and Welfare LPA allows your attorney(s) to make decisions about where you live, and the type of care you receive should you need it. You can even grant your attorney(s) the power to make decisions about the continuation or cessation of life sustaining care. Some people choose to make these provisions in a Living Will, and a Health and Welfare LPA can work alongside such a document.

Who may need an LPA?
At Ashworth Law, we believe everyone should have an LPA in place, but it's particularly important for the elderly or those in poor health. Of course everyone is different, but we find those of our clients over 70 find putting an LPA in place gives them great reassurance that in the event of loosing mental capacity, they know their chosen attorney will act for them, putting their best interests at heart.

Once registered with the Office of the Public Guardian, a Property and Affairs LPA can become very useful, and not simply in the event of loosing mental capacity. The LPA can also be a great help if you became less mobile (for example if you were in hospital or care) or if your signature became shaky and was questioned by your bank or building society.

Our expert team can guide you through the process carefully and sensitively to help you set up the LPAs you need, at all times making sure the advice we give puts your best interests first.