Our Court of Protection and Power of Attorney solicitors can help you every step of the way to take care of your affairs in case you are unable to do so. Providing you with a compassionate hand of care when you need it the most.
Our experts will guide you through this complicated part of the law to find a solution that is right for you and give you the reassurance that your best interests are looked after. We will provide practical and compassionate legal advice that takes into account your own unique circumstances.
Contact us today to discuss this process by calling 01484 821 500, or fill out our online enquiry form, and we will be in touch at a time that is suitable for you.
How Ramsdens can help you
Our multi award-winning legal experts are widely recognised for our practical and helpful legal advice.
Our Court of Protection and Power of Attorney solicitors can guide you through the entire process, selecting and appointing individuals who are trustworthy and will make decisions with your best interests in mind. Our legal advisors will also provide advice on any safeguards or instructions that you may wish to include, while helping with all of the necessary paperwork and legal procedures to reflect your needs.
Our experts are highly experienced in this aspect of the law, and will work tirelessly to help you to find a solution that will help you find peace of mind that your affairs will be handled in the event that you are no longer able to make decisions for yourself.
Frequently asked questions
A Lasting Power of Attorney (LPA) is a document that designates someone – or multiple people – to make decisions on your behalf.
You must be over the age of 18 and have sufficient mental capacity to make an LPA, and you cannot make an LPA on behalf of someone else.
There are two types of LPA:
- A Property and Financial Affairs LPA, which gives your appointed attorney the authority to deal with your property and finances, as you specify.
- A Health and Welfare LPA, which allows your attorney to make health and welfare decisions on your behalf, only when you lack mental capacity to do so yourself. This could also extend, if you wish, to giving or refusing consent to the continuation of life sustaining treatment.
You can appoint anyone you trust as your attorney, including:
- your spouse or civil partner
- your child or children (as long as they are over 18)
- a relative
- a close friend
- a solicitor.
You should always appoint individuals who are trustworthy and will make decisions on your behalf with your best interests at heart.
The attorney will only be able to act once the LPA has been signed by both you and your attorney. It must be certified that you understand the nature and scope of the LPA and have not been unduly pressured into making the LPA.
The certificate will also need to confirm that there has not been any fraud or another reason why you cannot make the LPA. It must then be registered with the Office of Public Guardian before it can be used.
A Property and Financial Affairs LPA can be used both when you have the capacity to act, and if you lack mental capacity to make a financial decision. A Health and Welfare LPA can only be used if you lack the mental capacity to make a welfare or medical decision.
If you lack the capacity to make a financial decision, then it may be necessary for an application to be made to the Court of Protection for an appropriate order, such as appointing another person to make decisions on your behalf. This can be both costly and time-consuming.
Most care and treatment decisions can be made on your behalf without the need for a court application. However, if you wish to avoid potential disputes, you can give a person – or several people – authority to make those decisions on your behalf by making a Health and Welfare LPA.
The first step in setting up a Lasting Power of Attorney is to establish who you want to have this responsibility. Our expert team can guide you through this process and will provide you with the forms you need to fill out to register your Lasting Power of Attorney.
It is important to be aware that you can only create a Lasting Power of Attorney if you have the mental capacity to do so.
You are able to revoke a Lasting Power of Attorney at any time. In order to do so, you must sign a Deed of Revocation, which is a legal document that states that the donor is cancelling the powers that were granted to another person. You must also inform your attorney that you are ending the LPA. If you wish to remove someone as a Lasting Power of Attorney, our team can help you with this process and advise you on how best to proceed.
There is no legal requirement to have a Lasting Power of Attorney solicitor for this process. A Lasting Power of Attorney, however, is a very powerful role that gives an individual strong permissions over another person’s life and wellbeing. For this reason, it is advisable that you seek legal advice, or at least speak with a solicitor who can talk you through this process. Furthermore, if you do choose to work with one of our expert advisors, you can guarantee that the process will be carried out correctly and no important steps are missed.
