Lasting Power of Attorney solicitors

A Lasting Power of Attorney protects your best interests and the best interests of your loved ones - isn’t it time to think about creating your Lasting Power of Attorney?

If you wish to discuss your Lasting Power of Attorney, speak to an expert solicitor at Stephensons today, we not only have the expertise you need to create a Lasting Power of Attorney that secures you legally, but care deeply about your welfare and the best interest of your loved ones. To speak to an expert legal advisor, contact us today on 0203 837 3658 for a free, no obligation initial chat. Evening and Saturday appointments are available in some locations, contact us for more information.

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LPAs and dementia

According to the Alzheimer’s Society there are over 850,000 people with dementia in the UK, and of those, nearly 40,000 are under the age of 65. As this number is expected to exceed 1 million by the year 2025, our expert solicitors are urging the public to think of the future – regardless of their age.

No one really wants to have to think about what would happen should we lose our full mental capacity, nor about the financial burdens this would place on ourselves and our loved ones. But with the figures presented by the Alzheimer’s society, it is worth considering how you could prevent any further distress, financial and otherwise through a Lasting Power of Attorney.

Lasting Power of Attorney FAQs

What is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal tool that enables a person you trust, such as a family member or otherwise, to make important decisions about your health and welfare and your financial affairs on your behalf, should you be unable to make these decisions due to the loss of mental capacity.

Why should I make a Lasting Power of Attorney?

It is vital that you set up a Lasting Power of Attorney sooner rather than later, and while you are still mentally capable of doing so. If you are injured or develop an illness that may leave you mentally incapacitated and you do not have a Lasting Power of Attorney in place, you run the risk of forcing your loved ones into potentially long, distressing and delayed court battles as they seek to take control of your finances.

The government is urging those in their 20’s and 30’s to think about creating Lasting Power of Attorney’s with the Ministry of Justice launching a “planning for the future” campaign to try and get their message of “Make the choice. Don’t take the chance” across.

A spokesperson for the campaign has said this drive is a way of encouraging young people in their 20’s and 30’s to not only talk with their parents about the benefits a Lasting Power of Attorney holds, but as a way to ensure their own best interests are covered. The spokesperson said:  “We want people to view LPAs as an important part of planning for their family’s future”. Those who play contact sports or enjoy adventure holidays should consider creating a Lasting Power of Attorney as a way of ensuring their best interests are upheld and that their family can take control of their finances, sparing them potentially lengthy court battles.

  • My Father's Story - Andrew Leakey

    Head of Wills and Probate at Stephensons, Andrew Leakey shares his father's story. Andrew's father had a rare form of language based dementia and he takes this opportunity to advise others on the importance of putting in place a Lasting Power of Attorney (LPA).
    [youtube url="​https://www.youtube.com/watch?v=b5fQS7Bf4Ik"]

  • Lasting Power of Attorney - Planning for the Future

    Andrew Leakey provides guidance on LPAs, explaining the different kinds available and the importance of putting one in place. Andrew also talks about the problems which can arise if you don't have a lasting power of attorney in place.
    [youtube url="​https://www.youtube.com/watch?v=785_oUSXyEs"]

  • Do I need a Lasting Power of Attorney?

    A lasting power of attorney (LPA) allows you to choose who can make decisions about your property and finances or your health and welfare at a time when you can no longer make those decisions for yourself because of a loss of mental capacity.
    [youtube url="​https://www.youtube.com/watch?v=67cbBvU1AdY"]

Can you appoint more than one person to have Power of Attorney?

You can have as many attorneys as you like but for administrative ease we suggest that you have no more than four. You can also appoint replacement attorneys. 

Are there different types of Lasting Power of Attorney?

Yes there are, in fact there are two different types of Lasting Power of Attorney. One deals with property and finances, whilst the other deals with health and welfare.

Lasting Power of Attorney’s dealing with property and financial matters are used to pass the power of attorney over to a family member or someone you trust so they can make decisions for you and on your behalf about financial issues. They would be then allowed to make decisions regarding selling your house, dealing with any benefits, your bank accounts or investments on your behalf.  They would also be allowed to pay bills on your behalf.

The Lasting Power of Attorney that deals with health and welfare aspects, such as where you live, whether in care or otherwise, what you can eat and even the clothes you wear.

The major difference between the two Lasting Power of Attorney’s is that the financial affairs Lasting Power of Attorney can be used whilst the person still has the mental capacity to deal with these affairs themselves – if they chose so. The health and welfare Lasting Power of Attorney only comes into effect when the person loses that capacity.

What sort of finances can be paid by a person with Power of Attorney?

Your attorneys can deal with all aspects of your property and financial affairs using the Lasting Power of Attorney unless you expressly exclude them dealing with a particular asset. For example if you have a particularly expensive art collection you may wish to state an instruction or preference that they take professional valuation advice before they act in relation to the collection. An instruction must be followed, whilst a preference is just that. 

Can I choose when a Lasting Power of Attorney comes into effect?

Yes, you can choose whether your Lasting Power of Attorney can be used before you lose mental capacity or stipulate that it can only come into effect once you lose the capacity to deal with finances or things like your own welfare.

What is the role of the Office of Public Guardianship and what might need to be referred to this organisation?

The Office of the Public Guardian is an executive agency who protect the interests of those who lack capacity. They deal with the registration of the LPA’s and a major part of their function is to centralise records of dealings with and protection of the vulnerable. The OPG operate a register of LPA’s and if an original is lost then further copies can be issued. As part of their safeguarding role if anyone has any concerns in relation to an attorneys actions or if they believe that the donor is in some way vulnerable then these concerns can be reported to the OPG and they will make enquiries.   

What should I do next?

Contact the expert solicitors at Stephensons today. Having a Lasting Power of Attorney in place ensures that you and your family are protected from any distressing legal battles, as they will be allowed, by law, to look after your best interests immediately following the event you lose the mental capacity to deal with those aspects yourself.

For expert advice on Lasting Powers of Attorney call the specialist solicitors at Stephensons on 0203 837 3658 today.

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Lasting Power of Attorney - price guide

Single person - Lasting Power of Attorney (property and finances or health and welfare) - £450 plus VAT

Single person - Lasting Power of Attorney (property and finances and health and welfare) - £900 plus VAT

Couple - Lasting Power of Attorney (property and finances or health and welfare) - £600 plus VAT

Couple - Lasting Power of Attorney (property and finances and health and welfare) - £1,200 plus VAT

Home and hospital visits are £50 plus VAT for each attendance required.

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As an award-winning top 150 law firm, with over 450 staff based in offices across the country, you're never far from the advice you need.