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Lasting Powers of Attorney

SA Law can advise on, and prepare, the new Lasting Powers of Attorney

There are lots of different types of Powers of Attorney that you could choose. An ordinary or general power of attorney can be used as a straightforward document once signed which can be used straightaway. There is no need to register such powers, generally these types of powers can be used for short periods of time for example you may be going abroad for a period of time and want to ensure that somebody can carry through transactions such as selling your property for you. Provided you are mentally capable the power will remain in force however should you at any time become mentally incapable the power comes to an end with immediate effect.

LASTING POWERS OF ATTORNEY

In October 2004 we saw the introduction of Lasting Powers of Attorney (LPA). These powers replaced what was previously known as an Enduring Power of Attorney (EPA). The EPA dealt specifically with your property and financial affairs. The LPAs consist of two different types of power, one deals with your property and financial affairs and one deals with your health and welfare.

LPA PROPERTY AND FINANCIAL AFFAIRS

This gives authority to your Attorney to make decisions regarding your finances and subject to any conditions or restrictions you place on it will allow your Attorneys to do anything regarding your finances which you could do yourself.

LPA HEALTH AND WELFARE

This type of power can only be used by your Attorneys if you are mentally incapable of making decisions regarding your health and welfare. Whilst you are still mentally capable you and only you can make decisions regarding your health and welfare. This type of power is similar to the Living Will or the Advance Directives and can enable your Attorneys to make any decisions regarding your health and welfare that you could make yourself such as choosing a residential or nursing home, agreeing to medical treatments, and subject to your consent can also allow them to make decisions regarding your life sustaining treatments.

The Lasting Powers of Attorney cannot be used until they have been registered through the Courts. The registration fee is £110 per document, although in some cases it may be possible if you are on limited income or have limited capital to apply for an exemption or a remittance of the fees.

It is vital to ensure that you have sought the correct advice regarding Lasting Powers of Attorney, who you appoint as your Attorney is vital to ensure that your wishes are adhered to. A bespoke and personal service is offered by our team of experts in this field. Please call us or contact us to discuss your requirements.

COURT OF PROTECTION

We have considerable experience in the provision of legal advice and practical help for families caring for people who are no longer mentally capable of managing their own affairs. When somebody is no longer mentally capable of managing their affairs an application can be made to the Court of Protection who are charged with safeguarding the best interests of anyone in these circumstances. The law that governs this area of work is the Mental Capacity Act 2005.

We are also skilled in the preparation and approval of Statutory Wills, Powers of Attorney establishing trusts or setting up personal injury trusts if the incapacity results from personal injury or medical negligence. There are a vast array of different forms that need to be completed in these cases and our team is able to guide you through the procedures in making such applications.

Wills and Probate Team
Catherine Robson
Catherine Robson
Solicitor | Wills & Probate Team

Julie Trustram
Julie Trustram
Legal Secretary | Wills & Probate Team

Dawn Tate
Dawn Tate
Legal Secretary | Wills & Probate Team

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