Lasting Power of Attorney
Lasting Power of Attorney (LPA) Solicitors in Oldham and Saddleworth
A lasting power of attorney (LPA) is a legal document appointing a person you trust to act on your behalf. It can cover property and financial affairs, or personal welfare.
A LPA has to be signed whilst the person making it (donor) has the mental capacity to understand the nature and purpose of the LPA. It only takes effect once it has been registered with the Office of the Public Guardian. It is useful if the donor subsequently becomes unwell and is unable to manage their own affairs due to physical or mental incapacity.
Sometimes it is too late to sign a LPA. In this situation it is necessary to apply to the Court of Protection for the appointment of a Deputy to act on behalf of the patient. This takes longer and is more expensive than a LPA but we will give a quotation in relation to costs in each individual case.
If you care for family members or friends who may need this service we will guide you through the process to make this as straight forward as possible.
Answers to some of our most frequently asked Lasting Power of Attorney questions.
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What is a Lasting Power of Attorney
A Lasting Power of Attorney is a legal document which allows you to give power to someone of your choosing, whom you trust to make decisions on your behalf if you lack the capacity to do so yourself.
What happened to Enduring Powers of Attorney
I've already got an Enduring Powers of Attorney - is it still valid?
What is the difference?
An EPA could only relate to financial issues, whereas a Lasting Power of Attorney can also refer to personal welfare issues. Whatever the donor’s mental capacity, the LPA must be registered with the Office of the Public Guardian before it can be used.
Do I have to go to court to register it?
No, this can all be done by your solicitor. All you will need to do is sign the document itself.
Why should I bother, I'm capable of dealing with my own affairs at the moment.
If you have a Lasting Power of Attorney, it remains valid until the day you die. This means that you can sign it now and it doesn’t need to be used until it becomes essential to do so.
This is all the more important for those with degenerative diseases such as Alzheimer’s or Dementia. It is much easier to sign the documents before the illness becomes more serious.
If you leave it until you are unable to express your wishes, trying to obtain authority to deal with your affairs can be a very expensive and time consuming procedure which can include obtaining medical opinions and paying court fees. This can exacerbate an already traumatic situation, not only for the person in question but for their loved ones as well.
How much does it it cost?
A detailed quote can be given by for the costs involved, this includes discussing the Power of Attorney with you (including, if local, a home visit), preparing all the forms, ensuring they are completed correctly to avoid unnecessary delays, and corresponding with the Office of the Public Guardian.