Lasting Power of Attorney

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more people (known as attorneys) to make decisions on your behalf if you are incapacitated or lack mental capacity.

Lasting Power of Attorney
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Lasting Power of Attorney Guide

Lasting Power of Attorney Guide

It can be reassuring to know that, if you are unable to make a decision for yourself in the future, a person(s) you choose will make these decisions for you, rather than a stranger, or someone you may not trust.

It also makes things easier for your family as it is expensive, difficult and time-consuming for them to get the authority to act on your behalf when you are not able to give it in an LPA.

With 850,000 people in the UK suffering from dementia, and more than 50 million people with dementia worldwide, making an LPA is very sensible forward planning in the event the worst should happen and you lose capacity to manage your personal or business affairs. The number of under 65s with early-onset dementia is also increasing, so creating an LPA should not just be considered for the older generation.

Types of Lasting Power of Attorney

There are two types of LPA:

Property and Finance LPA enables you to appoint someone you trust to help you manage your financial affairs, such as paying bills, arranging repairs to a property, managing your pension or generally helping you with your finances. You can decide when the LPA comes into force, get updates on how much money is spent and restrict the types of financial decisions that can be made. If you only want to use a Property and Finance LPA for a defined period, and you have mental capacity to make that decision, you can end it by making a written statement called a ‘deed of revocation’ and send it to the Office of the Public Guardian.

Health and Welfare LPA only comes into effect if you lose mental capacity, which will be determined by a trained mental capacity assessor. It enables you to set out your wishes in advance and gives the attorney the power to act with regard to consent for medical treatment, care and, for example, choice of accommodation.

Your attorney must follow the Mental Capacity Act when making decisions on your behalf, which means they:

  • Must act in your best interests
  • Must consider your past and present wishes
  • Cannot take advantage of you to benefit themselves
  • Must keep all of your money separate from their own.

If an attorney fails to follow these rules, the LPA could be cancelled. The Office of the Public Guardian will investigate if an attorney is suspected of taking advantage of the person with dementia and if so, the attorney could be prosecuted.

What we can do for you

It is vital that you have a solicitor explain the different types of LPA to enable you to decide whether one, or both, is right for you to ensure they are drafted with provisions in place to keep you safe and secure. You can arrange an LPA without triggering it for many years to come, giving you and your loved one’s peace of mind that you are prepared.

Our solicitors can:

  • Discuss with you who should be your attorney, and whether they are suited for the role and able to do it.
  • Explain how and when the LPAs work, so you have control of the process and feel adequately protected.
  • Discuss with you what types of situation may arise so that you can draft your LPA accordingly, and ensure that your wishes can be followed if you were unable to express them.
  • Provide information to you and your attorney on what they can and cannot do, so the attorneys understand how to use their powers and the actions they need to take to care and protect their loved ones.

LPAs need to be registered with the Office of the Public Guardian to make them legally enforceable, either by the person making the LPA or alternatively by a named attorney when circumstances arise that the Power of Attorney needs to be used. It can then take between 6-10 weeks for the LPA to be registered by the Office of the Public Guardian.

What if I become incapacitated and do not have an LPA?
If you are unable to deal with your affairs due to a loss of mental capacity, and there is no LPA in place, the process of appointing someone in your place (and be your Court appointed Deputy) can be very lengthy and expensive. Appointing an Attorney under an LPA is much cheaper, quicker and gives you and your loved one’s peace of mind for the future.

Contact us today to assist you and ensure that you are following the correct process for setting up an LPA and understand everything properly.

For a confidential discussion about LPAs, please contact our Wills and Probate solicitors who will be happy to explain the different type of LPAs and help you decide what is best for you. We work with clients in Luton, Dunstable and surrounding areas in Bedfordshire.

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Frequently Asked Questions

Providing our clients with the highest levels of care and professionalism has always been at the heart of what Owens Solicitors do and accreditations and awards are one example of our commitment to delivering a quality service.

What does Owens Solicitors do?
What does Owens Solicitors do?
Owens Solicitors advise, assist and represent clients in the areas of Family law, Immigration law and Wills & Probate matters.
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Do you offer a FREE legal consultation in your Luton office?
We offer a free 10-15 minute telephone case assessment consultation for new enquiries. Contact our team today to discuss your case and requirements.
Solicitors in Luton vs Lawyers in Luton – Is there a difference?
Solicitors in Luton vs Lawyers in Luton - Is there a difference?
There is no difference between a solicitor and a lawyer. The term Lawyer is a collective name for Solicitors and Barristers.
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How much are your solicitor fees?
A good indication of our fees includes; Senior solicitor ( over 10 years PQE) – £250 per hour, Paralegal – £150 , Solicitor with less than 4 years PQE – £175.00 per hour. However, each case is unique. Our fees may vary depending on the type of work required on your case.
I don’t live in Luton – Can you still help me with my legal requirements?
I don’t live in Luton - Can you still help me with my legal requirements?
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Do I need to book an appointment before visiting your Luton office?
Yes, meetings in our solicitor offices in Luton require an appointment. We offer face-to-face meetings and virtual meetings. Contact our friendly team today to arrange your appointment today.
Why should I work with Owens Solicitors?
Why should I work with Owens Solicitors?
Our team here at Owens Solicitors Luton helps provide you with support to achieve your emotional, financial and personal needs and goals in a positive and productive way. We discuss and assess personal situations allowing us to provide clear and practical advice on how to move forward. Our aim is to achieve the best outcome while helping to carefully manage costs. All client matters are directly conducted and handled under the supervision of a Principal solicitor which gives our clients the best continuity and the expertise required on their cases.
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At Owens Solicitors, we strive to help our clients achieve their emotional, financial, and personal needs and goals through the provision of excellent legal advice and high quality service.

Owens Solicitors rated 4.9/5 based on 49+ Google ReviewsOwens Solicitors rated 4.9/5 based on 49+ Google ReviewsOwens Solicitors rated 4.9/5 based on 49+ Google ReviewsOwens Solicitors rated 4.9/5 based on 49+ Google ReviewsOwens Solicitors rated 4.9/5 based on 49+ Google Reviews
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