Lasting Powers of Attorney
Our dedicated Wills, Trusts, & Probate Team can guide you through the process of putting a Lasting Power of Attorney (LPA) document in place, an essential document should you lose the mental capacity to make key health & financial decisions.
A Lasting Power of Attorney (LPA) is a legal document allowing you to appoint a person or people you trust (an attorney) to look after your financial affairs or make decisions about your personal welfare should you lose the mental capacity to do so yourself.
To make an LPA you must have the mental capacity to understand the document you are signing, it is therefore important to make an LPA well in advance of any loss of capacity. As it’s impossible to know when you might need an LPA, putting these documents in place shouldn’t only be considered in old age. An LPA could be needed in many circumstances, for example in the event that an individual suffers a brain injury or long-term mental health problems both of which could happen at any time, or illnesses more commonly connected to later stages in life such as living with dementia.
For more information on circumstances in which you may require an LPA, please see our article ‘Lasting Power of Attorney: When you might need one’ here.
There are two types of lasting power of attorney:
Health and welfare: This gives the attorney the right to make decisions on your behalf around medical treatments, where you live, care options, and giving or refusing consent to life-sustaining treatments.
Property and financial affairs: This gives the attorney the ability to manage your finances on your behalf, for example paying bills or dealing with the purchase or sale of property.
The team can guide you through the process and assist you with the preparation of LPAs, certificate providing & capacity assessments, registering LPAs with the Office of the Public Guardian, Advanced Decisions (also known as Living Wills) and the registration of Enduring Powers of Attorney (EPAs). We can also advise you on the duties of Attorneys.
If your loved one does not have the mental capacity to make an LPA then a Deputy might need to be appointed. Please visit our Deputyship and Court of Protection page for more information on this or contact our team to discuss your options.
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What our clients say
Pat Gibney of Leathes Prior, has dealt with a power of attorney matter on behalf of my sister and me. Pat showed great care and compassion for our situation at a very sad time for our family. Pat was very knowledgeable, professional, and responded very quickly to our calls or emails. Without Pat’s expertise and resilience, I dread to think how long this matter would have taken to resolve. Thank you Pat.
Thank you for your letter enclosing certified copy of Lasting Power of Attorney. We found the Leathes Prior experience both pleasant and very satisfactory.
I'm writing to pass on some positive feedback once more, this time for Patrick Gibney. I needed to update my Will and lasting power of attorney following my recent separation. I'd just like to say Pat has been absolutely brilliant - helpful and patient with my queries, perfectly clear in his guidance, efficient in his work and indeed very kind and thoroughly pleasant during a difficult time.
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