Powers of attorney and LPAs

Powers of attorney are incredibly useful documents.

They allow you (the donor) to delegate decisions to another person (your attorney).  

They operate when you have mental capacity (an ordinary power of attorney) and can also operate when you have lost mental capacity (a lasting power of attorney (LPA) or enduring power of attorney (EPA)). They can relate to your property and financial affairs, or to your health and welfare decisions, or both.  

As they are potentially such powerful documents and can sometimes be abused, it is really important to obtain independent legal advice on the creation and use of these documents.  

 

We will:

Meet with you in person in order to discuss your options for the documents and ensure that they are drafted to reflect your attitude to risk, are flexible so are capable of lasting your entire lifetime, and professionally so they work effectively.

Ensure that you have a good understanding of the duties and responsibilities of an attorney, the limits of their authority, and the basis of their decision making.  Exploring this fully when these documents are created is essential, as it ensures that you are comfortable with your choice of attorneys and the documents themselves.

Explain how these documents work in practice to ensure that you have a clear and thorough knowledge of how your attorneys will be working in your best interests moving forwards, and so you can understand what it really means to ask someone to be your attorney.

If you created a power of attorney prior to 2007, this will be an EPA.  It is no longer possible to create such documents, but if you have one already they are still valid.  If you have an EPA it will only relate to your property and financial affairs, so you will not have made provision for your health and welfare decisions.  You can make a separate LPA relating to your health and welfare decisions if you would like to do so, or you can revoke your existing EPA and start again with fresh LPAs covering both aspects of your life.  We would be happy to talk to you about the EPA process for registration, and the benefits of LPAs.

If you have any queries about LPAs, EPAs or other powers of attorney, please call Catherine on 0118 40 50 131 or email Catherine at catherine@legacy-law.co.uk.

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