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Lasting Powers of Attorney

Put clear arrangements in place for people you trust to manage important financial, property, health and welfare decisions if you need their support in the future.

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Let us know how we can help and a member of the DTM Legal team will get in touch.

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more trusted people, known as attorneys, to help make decisions or make decisions on your behalf. Putting LPAs in place gives you greater control over who would manage important aspects of your life if illness, injury or another change in circumstances affected your ability to make decisions yourself.

There are two types of LPA in England and Wales: Property and Financial Affairs and Health and Welfare. You can make either type independently or put both in place as part of your wider lifetime and estate planning. A Property and Financial Affairs LPA can cover matters such as bank accounts, bills, pensions, investments and property. A Health and Care Decisions LPA can cover decisions about care, medical treatment, daily routines and where you live.

DTM Legal’s Trusts & Estates team advises individuals and families on preparing and registering Lasting Powers of Attorney. We can help you choose an appropriate structure, consider who should act for you and ensure that your LPAs reflect how you would like important decisions to be approached in the future.

Court of Protection Legal Services

Our Trusts & Estates solicitors can advise on both types of LPA and how they fit within your wider arrangements.

Our services include:

  • Preparing Property and Financial Affairs LPAs
  • Preparing Health and Welfare LPAs
  • Advising on the selection of attorneys and replacement attorneys
  • Advice on appointing more than one attorney
  • Considering whether attorneys should make decisions jointly, jointly and severally, or differently for particular decisions
  • Drafting appropriate preferences and instructions within an LPA
  • Advice concerning decisions about life-sustaining treatment
  • Registering LPAs with the Office of the Public Guardian
  • Reviewing existing LPAs following changes in family or personal circumstances
  • Advising attorneys on their responsibilities and the scope of their authority
  • Advice where an existing LPA may need to be revoked or replaced
  • Reviewing LPAs alongside Wills and wider estate planning
  • Advice on Court of Protection applications where someone has already lost capacity without an appropriate LPA in place

Why Instruct DTM Legal?

Although it is possible to prepare an LPA yourself, the decisions contained within it can have significant consequences. Choosing the wrong structure, including unclear instructions or failing to consider what should happen if an attorney can no longer act can create practical difficulties when the document is eventually needed.

Our Trusts & Estates team will discuss how you would like decisions to be made, who you trust to act and whether different attorneys may be suitable for different responsibilities. Where more than one attorney is appointed, for example, careful consideration should be given to whether they can act independently or must agree decisions together. The structure selected can affect how easily the LPA operates if circumstances later change.

We can also consider your LPAs alongside your Will and wider estate arrangements. For business owners, landowners or individuals with more complex financial affairs, a Property and Financial Affairs LPA can be particularly important in planning who could manage relevant interests if assistance were required.

We provide:

  • Clear advice on both types of Lasting Power of Attorney
  • LPAs tailored to your circumstances and preferences
  • Practical guidance on choosing suitable attorneys
  • Advice on how multiple attorneys should make decisions
  • Support with registration through the Office of the Public Guardian
  • Reviews of existing LPAs when circumstances change
  • Advice for attorneys about their responsibilities
  • Coordination with your wider Will and estate planning

Get in Touch

Putting Lasting Powers of Attorney in place allows you to decide in advance who should make important decisions if you ever need assistance. Our Trusts & Estates team can help you understand the options, choose an appropriate structure and prepare LPAs that reflect your individual circumstances and wishes.

To discuss your requirements, contact us by emailing trustsandestates@dtmlegal.com or calling 01244 354 800 / 0151 321 0000.

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Key Considerations When Making a Lasting Power of Attorney

Read our Key Considerations guide to understand some of the points a solicitor may wish to discuss when responding to your enquiry. It can help you prepare the relevant information and make your initial conversation more productive.

View Key Considerations

Frequently Asked Questions

Commonly asked questions about Lasting Powers of Attorney (LPA)

An LPA is intended to be put in place before it is needed. You must be aged 18 or over and have mental capacity when you make one.

Loss of capacity can arise unexpectedly as a result of an accident or serious illness as well as through conditions such as dementia. An LPA therefore does not need to be viewed solely as planning for old age.

Putting one in place while you are able to make your own decisions means you choose who would act for you and can specify how you would like particular matters to be approached.

No. Being someone’s spouse, civil partner, partner or child does not by itself give you general legal authority to manage their finances or make health and care decisions on their behalf.

An LPA enables you to formally appoint trusted individuals to make the types of decisions covered by the document. The Office of the Public Guardian specifically advises that relatives do not automatically acquire this authority merely because of their relationship to you.

If someone has already lost capacity without a valid LPA or Enduring Power of Attorney in place, an application to the Court of Protection may instead be required for a Deputy or a particular decision.

A Property and Financial Affairs LPA deals with financial matters. Depending on the authority you give, this can include managing bank accounts, paying bills, dealing with pensions and benefits, managing investments and buying or selling property.

A Health and Care Decisions LPA deals with personal decisions such as medical treatment, care, daily routines and where you live. It can only be used for a decision once you no longer have capacity to make that decision yourself.

Because they cover separate areas, many people choose to make both.

No. Attorneys have responsibilities when acting under an LPA and must make decisions in the donor’s best interests.

A Property and Financial Affairs attorney must keep the donor’s finances appropriately separate from their own and there are restrictions on matters such as gifting. Certain substantial gifts or other transactions may require an application to the Court of Protection.

An attorney also cannot simply rewrite the donor’s Will. If a person no longer has capacity and their Will needs to be changed, an application for a statutory Will may instead be required through the Court of Protection.

Once someone no longer has the mental capacity needed to make an LPA, they cannot simply sign one retrospectively.

If ongoing decisions need to be made and there is no appropriate existing LPA or Enduring Power of Attorney, a family member or another suitable person may need to apply to the Court of Protection to become a Deputy. Alternatively, the Court can be asked to make a one-off decision where ongoing deputyship is not required.

This process is different from making an LPA because the Court, rather than the individual concerned, ultimately decides who should have authority and what powers should be granted.

Our Court of Protection Applications service provides further information where an individual has already lost capacity without suitable arrangements in place.

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