The Mental Capacity Act 2005 introduced the Lasting Power of Attorney.
This is a legal document which allows you to appoint someone you trust, to make decisions about such things as your health care or finances if, in the future, you lack the mental capacity to make those decisions yourself.
There are two very different forms of Lasting Power of Attorneys (LPAs) that can be made:
- an LPA that deals with your financial affairs - LPA (Property and Affairs) which replaces the existing Enduring Power of Attorney. Any Enduring Power of Attorney executed prior to 1st October 2007 will still be valid
- an LPA that deals with your personal welfare issues - LPA (Personal Welfare). This is a new legal concept although similar to a Living Will or Advance Directive
You can make one form of Lasting Power of Attorney without making the other.
We offer our clients a fixed fee service in relation to Lasting Powers of Attorney.
Our service includes:
- a meeting with the person wishing to prepare an LPA (the donor) to assess that they have the requisite capacity and understand the nature of the LPA
- completion of the LPA with the donor
- acting as certificate provider – it is a requirement of the Act that an independent person certifies that the donor has capacity and is not acting under any undue influence
- obtaining the attorneys’ signatures to the LPA
- completing the registration of the LPA at the Office of the Public Guardian
Lasting power of attorney
To arrange a discussion with an estate planning solicitor click here or call us on 0800 840 4929. We are available to take your call twenty four hours a day, seven days a week.
