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A lasting power of attorney (LPA) is a legal document which allows you to give another person (your attorney) authority to make decisions on your behalf. Previously, if you wanted to appoint someone to look after your property and finances, you could prepare an enduring power of attorney (EPA). From the 1 October 2007, no new EPAs can be prepared, and if you wish to appoint an attorney to make decisions on your behalf you need to prepare a new type of power of attorney, a lasting power of attorney (LPA).
As you grow older, it is reassuring to know that someone you trust is able to make the right decisions for you, if you no longer can. Appointing an attorney to deal with your property and financial affairs is a useful precaution against future incapacity.
Registering a lasting power of attorney can be a complicated and highly specialised procedure, and professional advice will ensure you are protected and all duties and responsibilities are understood.
This is a newer type of power of attorney. It will allow your attorney to make welfare and health care decisions on your behalf if you lack the mental capacity to make these decisions yourself. This LPA can only be used if you lack mental capacity, and it also needs to be registered with the Office of the Public Guardian.
A property and financial affairs lasting powers of attorney works in a similar way to an EPA, and it will allow your attorney to deal with your property and finances. It is a flexible document that may be used before the onset of any mental incapacity (if you want it to) as well as lasting beyond your incapacity. In order for your attorney to use this power on your behalf, the LPA needs to be registered with the Office of the Public Guardian.
Seeking advice on or preparing Powers of Attorney can be done at any time, usually when an individual is planning for the future or believes they may not be able to attend to their own affairs.
With top tier rankings for private client legal advice from both Chambers and the Legal 500, we have a national reputation for excellence. Lodders has a dedicated team across three offices in Stratford upon Avon, Henley in Arden, and Cheltenham, and we can help you with all aspects of any Care & Capacity legal issues which may arise.
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Our expertise provides much-needed clarity for clients, supported by our highly personal and empathetic approach to client care. Speak to our expert Sharon Crosby for advice regarding Lasting Power of Attorney today.
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