Lasting Power of Attorney: What It Is and Why You Need One
Planning for the future requires careful decision-making, yet many people forget to consider what happens if they lose the ability to make choices. Without proper preparation, unexpected situations can create unnecessary stress for both you and your loved ones. Fortunately, a Lasting Power of Attorney (LPA) provides a solution by allowing you to appoint a trusted person to manage your affairs if an illness, accident, or age-related condition affects your mental capacity. Otherwise, your loved ones will face complex legal hurdles just to handle your finances or make crucial healthcare decisions on your behalf.
At Dawn Solicitors, we guide individuals in securing their future by drafting legally sound LPAs tailored to their needs. This guide explains what an LPA is, why you need one, and how our legal team ensures a smooth setup.
Key areas explored in this article
- What Is a Lasting Power of Attorney?
- Why Should You Consider an Lasting Power of Attorney?
- Why Use a Solicitor to Set Up an Lasting Power of Attorney?
- How to Set Up an Lasting Power of Attorney.
- Why Choose Dawn Solicitors?
- Conclusion.
- FAQ’s.
What Is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) lets you choose someone you trust to make decisions on your behalf. If an accident, illness, or medical condition affects your mental capacity, you may need someone to step in. However, even if you can still make decisions, you might want extra support to manage your affairs more easily. By setting up an LPA, you ensure that the right person has the legal authority to help when necessary.
You can create two types of LPAs, each serving a different purpose:
- LPA for Property and Financial Affairs – This type allows your chosen attorney(s) to handle essential financial matters. For example, they can pay bills, manage bank accounts, sell property, and make investment decisions. Without this LPA, your finances could become difficult to manage if you ever lose capacity.
- LPA for Health and Welfare – This type gives your attorney(s) the authority to make critical decisions about your well-being. They can decide on your medical treatment, living arrangements, and daily care. Additionally, if you ever require life-sustaining treatment, your attorney(s) can step in and ensure your wishes are followed.
By setting up an LPA, you take control of your future while ensuring your loved ones can act quickly when needed.
Why Should You Consider an Lasting Power of Attorney?
Many people believe their loved ones can automatically make decisions for them when necessary. However, without a Lasting Power of Attorney (LPA), families often struggle with legal hurdles. Setting up an LPA removes uncertainty and ensures a smooth decision-making process.
- Take Control Over Who Makes Decisions
With a Lasting Power of Attorney (LPA), you have complete control over who manages your affairs. Without one, your family must go through the lengthy and costly process of applying to the Court of Protection. This not only takes time but also adds unnecessary stress during an already difficult period. Even worse, the court might appoint someone you would never have chosen, leaving your personal and financial matters in the hands of a stranger.
2. Act Immediately in a Crisis
Once you register an LPA with the Office of the Public Guardian (OPG), your attorney(s) can step in right away under your direction. If you lose capacity without an LPA, delays in decision-making could cause financial issues or healthcare complications.
3. Save Money and Secure Legal Protection
Setting up an LPA is not only a wise decision but also a cost-effective one. Registering an LPA costs only £82 per document, whereas applying for deputyship can exceed £400, not including additional legal fees. Furthermore, the deputyship process is far more complex, leading to additional expenses and delays. By arranging an LPA in advance, you save money while ensuring that your affairs are legally protected and managed by someone you trust.
4. Gain Peace of Mind for You and Your Family
An LPA offers long-term security for both you and your loved ones. By clearly documenting your wishes in a legally binding document, you eliminate uncertainty and prevent family disputes. Instead of leaving important decisions to chance, you provide your family with a clear roadmap for managing your affairs. Ultimately, an LPA gives you the confidence that your best interests will always be protected, no matter what happens in the future.
Why Use a Solicitor to Set Up an Lasting Power of Attorney?
Creating an LPA yourself is possible, but working with a solicitor guarantees accuracy and legal compliance. Here’s how Dawn SolicitorsHome can assist you every step of the way:
1. Expert Legal Guidance
We clearly explain an attorney’s legal responsibilities, guide you in choosing the right type of LPA, and ensure full compliance with legal requirements.
2. Protecting Your Wishes
If you want to include specific conditions—such as requiring two attorneys to act jointly or restricting property sales—we make sure your instructions remain legally valid and enforceable.
3. Preventing Costly Errors
Mistakes in an LPA application can lead to rejection. We carefully complete, sign, and witness all documents, ensuring everything meets legal standards.
4. Providing Complete Peace of Mind
With our legal expertise, you won’t face the risk of an invalid or misinterpreted LPA. We also ensure that your chosen attorney(s) and certificate provider fully understand their roles, so your affairs stay protected.
How to Set Up an Lasting Power of Attorney.
- Choose Your Attorney(s)
First, select a trustworthy and competent person who can handle the responsibility. You can appoint a family member, friend, or professional to act as your attorney. Most importantly, choose someone who understands your wishes and is willing to take on this role.
2. Choose a Certificate Provider
Next, find an independent person who confirms that you understand the LPA and are making the decision voluntarily. Typically, a doctor, solicitor, or someone you have known for at least two years can act as your certificate provider. This step ensures that no one is pressuring you into creating the LPA.
3. Complete and Sign the Forms
Then, fill out the LPA forms accurately, ensuring they follow the required order for signing and witnessing. To avoid delays, our legal team carefully reviews every detail before submission. Additionally, we make sure that the document meets all legal requirements, so you don’t encounter any issues later.
4. Register the LPA
Finally, submit the LPA to the Office of the Public Guardian (OPG) for official registration. Once approved, your attorney(s) can step in and make decisions when needed. By registering early, you avoid unnecessary stress and ensure that your LPA is ready when required.
Why Choose Dawn Solicitors?
At Dawn Solicitors, we make the Lasting Power of Attorney (LPA) process straightforward, guiding you through every step while safeguarding your legal rights and best interests. From the initial consultation to the final registration, we ensure everything is handled smoothly and efficiently.
- We provide expert advice, helping you understand your options and choose the right type of LPA and attorney(s) with confidence.
- We draft clear and legally sound documents, eliminating errors that could lead to rejection and costly delays.
- We offer personalised support, tailoring every aspect of your LPA to fit your unique circumstances and future needs.
Our team makes the process straightforward, so you can move forward with confidence, knowing your future is secure. With our expertise, you can confidently navigate the process, avoid unnecessary delays, and achieve a fair settlement faster.
To contact a solicitor from our firm, simply call us at +44 1753 530 111 or send us an email on info@dawnsolicitors.com.
Conclusion
A Lasting Power of Attorney (LPA) lets you stay in control by ensuring that someone you trust manages your affairs according to your wishes. It provides security and clarity for both you and your loved ones, preventing unnecessary complications in the future.
Take charge of your future today—don’t leave critical decisions to chance. Contact Dawn Solicitors for expert guidance. We will handle every detail, ensuring your LPA is legally sound and tailored to your specific needs.
FAQ’s
Q.1 Can I Have More Than One Attorney?
Q.2 When Does a Lasting Power of Attorney Take Effect?
A Property and Financial Affairs LPA can take effect immediately after registration if you choose. A Health and Welfare LPA only takes effect if you lose mental capacity.