A lasting power of attorney (LPA) is a legal document that lets you appoint one or more people, known as ‘attorneys’, to help you make decisions or to make decisions on your behalf if you’re in a position where you cannot. You must be 18 or over and have the mental capacity (the ability to make your own decisions) when you make your LPA. There are two different types of LPAs: Property & Financial Affairs and Health & Welfare. You can make one or both, depending on your situation and your welfare requirements. As the titles suggest, the former deals with the handling and distribution of your property and financial affairs, while the latter enables you to choose someone who you trust to make decisions about your healthcare and overall welfare, including the methods of treatment you are given.
Your Specialist:
LPA & Deputyship
Offering a professional service with a personal touch, David John Hook, Sacha and the team’s approach to this sensitive area of law has seen them expertly guide clients through the intricacies of the lasting power of attorney process.
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A deputyship is like a lasting Power of Attorney, except it is made after an individual has lost their mental capacity – providing there isn’t an LPA already in place. A ‘deputy’ is appointed by the Court of Protection to look after the Property & Financial Affairs and Health & Welfare of the individual and can only act under a court order from the Court of Protection.
We would always suggest arranging a Lasting Power of Attorney while you are young, fit and well. An LPA will give you added peace of mind that your affairs will be looked after, whatever the future holds – and, for maximum security, it’s best to set an LPA in place even if you already have a Will, especially if you have a history of physical or mental illness in your family or you want to make especially sure that your partner will be looked after by a specific attorney.
Our welfare lawyers in Essex will talk you through your options and, in the first instance, help you decide which kind of LPA suits your needs. They can also assist you with choosing the right person to take on these important responsibilities. If you are finding it difficult to choose a suitable attorney, we can take on this role for you; more information on this arrangement is available on request.
In sensitive circumstances where a deputyship may be more appropriate, you can trust our deputyship solicitors to navigate the case with sympathy and professionalism. We will ensure that the best interests of the individual are protected at all times. We will guide you through the application and deliver clear, expert advice at every stage of the process.
