A Lasting Power of Attorney (LPA) is a crucial document for planning for the future. It can give your loved ones the authority to help you with financial and healthcare decisions, should you ever be unable to manage these yourself. Alongside a Will, it is an essential part of ensuring your affairs are dealt with in the way that you want. If you want to put an LPA in place, you may be wondering, can I make a Power of Attorney near me?

Our LPA team cover the East Yorkshire area and we will be happy to help. We have wide experience in representing clients in LPA matters, with particular expertise in assisting older and vulnerable individuals.

Our LPA team are friendly and approachable and will work with you to draft the right LPA for your circumstances, giving your loved ones the peace of mind of knowing that they will be able to step in and provide assistance, should this ever be needed.

What is a Power of Attorney?

A Power of Attorney is a legal document that gives someone the authority to deal with matters on your behalf. There are different types, as follows:

• General Power of Attorney
• Lasting Power of Attorney
  • Property and financial affairs
  • Health and welfare
  • Business

General Power of Attorney

A general Power of Attorney, also referred to as an ordinary Power of Attorney, can be used if you need someone to deal with a financial or property matter while you are away. Unlike a Lasting Power of Attorney, it can only be used if you have the mental capacity to make your own decisions.

Should someone lose mental capacity, an ordinary Power of Attorney they have signed can no longer be used.

A general Power of Attorney is typically used for a scheduled absence and for single transactions.

Lasting Power of Attorney

A Lasting Power of Attorney will allow your representative to deal with your affairs should you become unable to do so because of loss of mental capacity. There are two types of LPA, one for property and financial affairs and one for health and welfare. You can make one or both.

A property and financial affairs or business LPA can be used while you still have mental capacity if you would like your attorney to assist you. A health and welfare LPA can only be used once mental capacity has been lost.

By putting an LPA in place, you have the reassurance of knowing that, should you ever need help, your family will be able to step in straightaway.

A property and financial affairs LPA can give the authority to an attorney to carry out the following:

• Payment of bills
• Insuring and maintaining property
• Receiving benefits
• Investing money
• Selling property

A health and welfare LPA can cover issues such as:

• Where you will live
• What care you will receive
• Who you will see and what your daily routine will be
• What medical treatment you will have and what will be refused

A business LPA can be used to allow your attorney to make decisions relating to your business, including management decisions and financial transactions.

You can tailor your LPA to give the exact authority that you want and we can go through the options with you and ensure that you have the right details in place.

What happens if someone does not have an LPA and needs help?

It is only possible to make an LPA if you have the mental capacity to understand its implications. Someone in the early stages of losing capacity may still have enough comprehension to sign, but it is always advisable to put an LPA in place early on, so that it is available should it ever be needed.

If someone loses the ability to manage their own affairs and has not made an LPA, their family will be unable to make decisions for them. For example, they may be unable to pay bills or arrange long-term care.

They may need to apply to the Court of Protection for a deputyship order appointing someone as a deputy. The process of becoming a deputy is longer and more expensive than being an attorney under an LPA. There is also more ongoing assessment, to include annual supervision fees.

Who should I appoint to be my attorney under an LPA?

You can appoint one or more attorneys for each LPA you make. You do not have to have the same attorneys for a property and financial affairs LPA and a health and welfare LPA.

You can also name backup or replacement attorneys who can take on the role should your first choice be unable or unwilling to act.

It can be advisable to choose someone younger than you so that there is a good chance that they will be able to do the job, should it ever be necessary. You can discuss the appointment with them beforehand so that they know what to expect and have an understanding of what you would like them to do.

If you appoint more than one attorney, you can require them to make decisions together or give them the power to act individually. You may want them to deal with certain more onerous decisions together, such as selling property, but allow them to make smaller decisions separately so that running your affairs is easier.

We can talk through your situation with you and make sure that you have the right LPA in place for your circumstances.

When should I make an LPA?

It is usually recommended to put an LPA in place along with a Will as part of your overall future planning. While thinking about the need for an LPA may not be easy, once it has been signed, you and your family will have the peace of mind of knowing that you have sound preparations in place, should it ever be needed.

Having an LPA will also ensure that your loved ones know what you want to happen and whom you would like to deal with matters on your behalf. This can reduce the risk of disagreements arising. You will have the chance to talk to them about the sorts of choices you might like them to make, for example, about the care you would want to receive or where you would like to live.

Does an LPA need to be registered?

An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. This can be done as soon as the document has been signed, so that it is ready to use. By registering it straightaway, any urgency can be avoided and you will have plenty of time to deal with any queries raised by the OPG.

Looking for a Power of Attorney near me? Contact our East Yorkshire and York area Power of Attorney solicitors

If would like to put a Lasting Power of Attorney in place, we would be happy to help.