Powers of Attorney

Lasting Powers of Attorney: Insurance for your Future

Have you considered what would happen if you became unable to take care of your everyday financial affairs, or make important decisions about your welfare?

Sometimes arriving at such a point can be a gradual journey, but in some cases it can happen suddenly, perhaps as the result of an accident that affects a person’s physical or mental capabilities.

It is wise therefore to have something in place that will ensure someone you trust is legally appointed to take care of your financial affairs and make decisions on your behalf should you become unable to do so.

A Source of Comfort

A Lasting Power of Attorney (LPA) is a legal document that allows you to do just this. It can provide a source of comfort that your affairs will be best managed in the way that you want, by the person you want, should you become unable to manage them yourself.

When you make an LPA, you appoint one or more people as your ‘attorney’. These people need to be carefully chosen, as they could be responsible for making both minor and major decisions on your behalf.

Thorough Advice on Making a Lasting Power of Attorney

At HCB Solicitors we offer thorough, expert advice to clients making LPAs. We will talk to you about choosing your attorneys, what their duties and legal obligations will entail and about whether you wish to place certain restrictions on them or set out guidance for them to follow.

If you choose more than one attorney, you can stipulate whether they must work together or have the authority to act individually. We will advise you on this too.

Types of LPA

There are two types of Lasting Power of Attorney. One takes care of property and financial affairs, the other covers personal welfare. Both need to be registered before they can be used; we will advise you on this.

Property and Financial Affairs LPA

A Property and Financial Affairs Lasting Power of Attorney enables your attorneys to make decisions on your behalf relating to your property and financial affairs. For example, your attorneys can make payments from your bank accounts to ensure your bills are paid, and claim any pension payments or benefits you are entitled to. They can also handle more important transactions, such as selling property or making investments on your behalf.

Health & Welfare LPA

A Health & Welfare Lasting Power of Attorney allows your attorneys to make decisions on your behalf about medical treatment and social care issues. This LPA can only come into force after you have lost the capacity to make your own decisions. Your attorney will be able to help with deciding where you live and what care you receive. There are certain things your attorney cannot do, for example, they cannot vote on your behalf and they cannot approve a marriage or civil partnership.

Lasting Power of Attorney Services at HCB Solicitors

Many people will make an LPA at the same time as they make their will, for complete peace of mind. As well as advising you on making an LPA that best suits your situation, we can provide expert guidance on:

• Registering an LPA
• Objecting to the registration of an LPA
• Illegal use of an LPA
• Acting as professional attorneys
• Advice on what to do if you have the old style ‘Enduring Power of Attorney’
• Court of Protection Deputyship applications