Lasting Powers of Attorney Solicitors

How our Lasting Power of Attorney solicitors can help you

Our award-winning legal experts, based in offices around Yorkshire, are widely recognised for our practical and helpful legal advice. We are proud of our track record, and have been providing legal assistance for more than a century.

We can guide you through the entire process of executing a Lasting Power of Attorney, as well as selecting and appointing attorneys who are trustworthy and will make decisions with your best interests in mind. Our solicitors 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 legal experts are highly experienced in this aspect of the law, and we 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.

Why choose Ramsdens?

We were the winners of the best probate law firm in the north at the UK Probate Research Awards 2020, while 14 of our lawyers are highly recommended in the Legal 500 2020. This means that we are recognised by official legal bodies as a reputable law firm that is dedicated to providing the highest standard of service.

At Ramsdens Solicitors, we are committed to treating all of our clients with the highest standard of care, and will do our utmost to provide you with the support you require. In our most recent client satisfaction feedback survey, 97% of respondents said they were happy with our overall performance.

Find out more about our awards and accreditations here.

FAQs

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a document that designates someone - or multiple people - to make decisions on your behalf if you no longer have the mental capacity to do so yourself.

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.

Who can I appoint as an attorney in my Lasting Power of Attorney?

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 lasting power of attorney solicitor
• A business
• An accountant

You should always appoint individuals who are trustworthy and will make decisions on your behalf with your best interests at heart.

When does my appointed attorney qualify to make decisions on my behalf?

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.

What happens if I do not make an LPA?

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.

How do I set up a Lasting Power of Attorney?

The first step in setting up a Lasting Power of Attorney is to establish who you want to have this responsibility. Once you have decided who this person will be, you will next need to contact a specialist solicitor. 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.

Can a Lasting Power of Attorney be revoked?

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 solicitors can help you with this process and advise you on how best to proceed.

Do I need a solicitor to set up a Lasting Power of Attorney?

There is no legal requirement to have a solicitor when you are appointing a Lasting Power of Attorney. 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 solicitors, you can guarantee that the process will be carried out correctly and no important steps are missed.