Lasting Powers of Attorney

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What is a Lasting Power of Attorney / Enduring Power of Attorney / Court of Protection Deputy?

A Lasting Power of Attorney (LPA) is a legal document that is prepared during your lifetime at a time when you have mental capacity. In the document, you choose the people that you would like to make decisions on your behalf if you were to ever lose mental capacity.

Lasting Power of Attorney

There are two types of LPA; “Property and Financial” and “Health and Welfare”.

LPAs replaced Enduring Powers of Attorney in 2007. In many cases, Enduring Powers of Attorney (EPA) are still valid but if you have an EPA it is worth having it reviewed to make sure that it is valid and relevant.

The Court of Protection is the Court in England and Wales that deals with decisions and actions that are taken under the Mental Capacity Act 2005. When a person loses mental capacity and does not have a valid LPA or EPA in place that person’s family may need to act on their behalf and will only be able to do so with the permission of the Court. As such a Deputyship application may need to be made to the Court of Protection.

Why should I have a Lasting Power of Attorney?

An LPA is like an insurance policy, you hope that you will have the full mental capacity right up until the end of your life, but an LPA is there just in case you lose capacity, albeit on a permanent or temporary basis. With an LPA it is you that is choosing who will make decisions on your behalf. By contrast, if you do not put an LPA in place and you lose capacity it is the Court of Protection who decide who is the best person to make decisions on your behalf.

Why should a Solicitor or Legal Executive prepare your Lasting Power of Attorney?

At CP Law Solicitors only a qualified Solicitor or Legal Executive will prepare your LPA and take you through the registration process to ensure that your matter progresses smoothly.

Call our friendly team today on 0345 2413100 or email us for more information

Our Wills, Trusts & Estates Team

Holly Holman - Licensed Conveyancer

T: 0345 241 3100

Polly Butteris - Trainee Solicitor

T: 0345 241 3100

If you would like more information please contact our team by filling out the form below.

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