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Lasting Power of Attorney

None of us know what the future holds. But as specialist Wills and Probate solicitors, we can help you plan for the unexpected.

Call us on 01284 701131 to book an appointment

While the purpose of a Will is to ensure your wishes are carried out after you die, Power of Attorney is to protect your interests throughout your lifetime. We know it is a sobering thought, but there may come a time in your life where you are unable to make decisions on your finances, health or wellbeing due to serious illness or mental incapacity. A Lasting Power of Attorney allows you to have more control over how those decisions are made.

Whether you are an attorney, or you would like to appoint an attorney, our Lasting Power of Attorney (LPA) solicitors are here to advise you.

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Lasting Power of Attorney explained

A lasting power of attorney (LPA) is a legal document that gives someone else (the attorney/s) the power to make decisions on behalf of the ‘donor’.

There are two types of LPA:

Financial Power of Attorney:

the attorney will have the authority to manage the donor’s finances, for example to pay bills, sell property or investments and operate bank accounts.

Health and Care Power of Attorney:

the attorney can make decisions about a donor’s healthcare and medical treatment, where they live and day-to-day decisions about their personal welfare, such as diet. Unlike the LPA for property and financial affairs, an attorney can only make decisions if the donor has lost the mental capacity to make decisions for themselves.

An attorney cannot make decisions about life-sustaining treatment unless the donor specifically allows this in the LPA.

Why should I consider legal assistance when giving someone power of attorney?

The role of an attorney is a responsible one. This is why it is important that you take the time to think carefully about who would like to give power of attorney. What capacity would you like them to be able to act?

Our specialist wills and probate solicitors will advise you on the options available so that you can decide who to appoint as attorneys, whether they will always have to act together, or if they are able to act separately in making key decisions.

As the donor, you might want to restrict the attorney’s authority in the LPA by setting out instructions. For example, this could be requiring attorneys to submit annual accounts to a person of the donor’s choice. Or it could be allowing attorneys to appoint an investment manager to make help make financial decisions.

Instructions in an LPA for health and care might include allowing attorneys to agree to residential care only if a healthcare professional advises that the donor is unable to live independently.

Call us on 01284 701131 to book an appointment.

Burnett Barker Office

The importance of registration

Attorneys can only use the Lasting Power of Attorney to make decisions on the donor’s behalf after it has been registered with the Office of the Public Guardian (OPG). The donor or the attorneys can register an LPA at any time. The registration fee is £82 per LPA and our solicitors can take care of this process for you.

For help and legal advice, call us on 01284 701131. You can also contact us here or pop in and see us at 20 Whiting Street, Bury St Edmunds – we have free parking on site!

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