Lasting Power of Attorney

We'll take care of matters so you don't have to.

  • Free initial consultation
  • Expert guidance to ensure all paperwork is completed accurately
  • Fixed fees for preparing your Lasting Power of Attorney
  • Appoint someone you trust to handle your affairs
  • Avoid a lengthy & costly court process

 

Request a call back

call us now on 01908 689317

Lasting Power of Attorney

It’s not nice to think of a future where you can’t make decisions for yourself, but it’s nice to know that should that happen, your family can easily protect your interests without the hassle and expense of going to court.

There is no specific age when you should consider making a Lasting Power of Attorney (LPA) as anyone can lose capacity at any time through illness, injury or accident.

So, what is it?
A Lasting Power of Attorney (LPA) is a legal document in which you can appoint someone you trust giving other (trusted) people the right to make decisions on your behalf should you become unable to make them for yourself.

Who is it for?
Anyone over the age of 18 and with mental capacity can sign a LPA and choose who they appoint as their trusted attorney(s).

What does it cover?
You can make two different types of LPA, enabling your appointed attorney to make decisions on your behalf.

  • Property and Financial Affairs LPA – this allows attorneys to make decisions about your property and financial affairs such as managing and operating your bank accounts, dealing with your pension, making tax returns on your behalf and dealing with your home.
  • Health and Welfare LPA – this allows your attorneys to make decisions about your health and welfare only when you are unable to make decisions for yourself. This can include decisions about your healthcare and medical treatment, decisions about where you live and day to day decisions about your personal welfare such as your diet, dress or daily routine.

What happens if you don’t have a LPA?
If you no longer have mental capacity then it would be necessary for an application to be made to the Court of Protection for a deputy to be appointed on your behalf. The deputy can be a family member or a professional such as a solicitor. The application to the Court for the appointment of a deputy is a much more complicated, time consuming and expensive process than making an LPA.


Client Testimonials –  click here

FACTSHEETS

Lasting Power of Attorney – Health & Welfare
Lasting Power of Attorney – Property & Financial Affairs

 

How do you set up a Lasting Power of Attorney?

In order for an LPA to be valid it must be done correctly and we can do this in 3 simple steps:

  1. We will take your details during a meeting, by phone or email - whichever you prefer;
  2. We will then meet with you to explain and sign the paperwork.  One of our solicitors will act as your witness and Certificate Provider;
  3. We will then submit the LPA for registration at the Office of the Public Guardian.  Turnaround time for registration is approx 8-12 weeks.

Once these steps are completed the LPA is ready, giving you peace of mind.

If you would like to speak with an expert call 01908 689317

THE Lasting Power of Attorney team

  • Dagmara Kulczykowska Partner
    Private Client Services 01908 689341
    Dagmara is Head of the Department and has many years of experience in all aspects of private client work. Dagmara’s strengths are working with families on very sensitive and emotive matters, providing them with specialist legal advice. She ensures clients are supported but also advised clearly and comprehensively on the legal issue(s) at hand so that they can make an informed decision.

    more

  • Amye Aris Solicitor
    Private Client Services 01908 689317
    Amye is part of the Private Client Services Team and advises on all aspects of Private Client work in a range of matters relating to the administration of estates, Wills, Lasting Powers of Attorney and Deputyship applications.  Amye also has residential property experience.

    more

  • Jenny MacDonald Paralegal
    Private Client Services 01908 689317
    Jenny is a Paralegal in the Private Client Services Department supporting Dagmara Kulczykowska in a range of matters relating to the administration of estates, Wills, Lasting Powers of Attorney and Deputyship application.

    more

  • Karen Ward Senior Private Client Executive
    Private Client Services 01908 689374
    Karen is a Senior Private Client Executive and Fellow of the Institute of Paralegals. Karen joined Geoffrey Leaver Solicitors in October 2018 having worked in the Private Client sector since 1997 for solicitors and banking institutions.

    more

Other areas we can help with

  • Should a family member become mentally incapacitated, and not have a Lasting Power of Attorney (LPA) or Enduring Power of Attorney (EPA) in place, it will be up to the Court of Protection to deal with their affairs. Their assets will be frozen until an application for ‘Deputyship’ is made to the Court of Protection – which allows either a relative, friend or court appointed professional Deputy to take over the running of their affairs.

    more

  • Inheritance Tax is charged on a person’s estate at the time of their death, but the first £325,000 is exempt - anything above this is taxed at 40%, and additional exemptions may be applicable depending on an individual’s circumstances. It is therefore important to organise your affairs in a way which minimises the amount of tax that your relatives may have to pay.

    more

  • A Lasting Power of Attorney (LPA) is a legal document that allows you (the donor) to choose trusted people (attorneys) to make decisions on your behalf during your lifetime, if there comes a time when you can no longer make decisions for yourself.

    more

  • Appointing a Power of Attorney is a complex decision which needs to be tailored to the different needs of each situation. There are now two different types of ‘Lasting Power of Attorney’ - but the older ‘Enduring Powers of Attorney’ are still valid, if they were made before the system changed. You can also still appoint a General Power of Attorney, but this can only be used when the donor has full mental capacity – for example enabling someone else to make financial decisions on their behalf while they are away on holiday.

    more

  • Probate is the legal process you have to go through when someone dies, in order to administer their estate. Often the last thing on your mind when you’ve lost a loved one is dealing with their financial affairs – so our experienced and sensitive team will aim to make the difficult task of probate as pain free as possible.

    more

  • If you have an interest in a freehold or leasehold property - which belonged to or was lived in by a deceased person - then we can advise you whether you might be entitled to all, some or none of the proceeds of the sale. Your interest will be categorised into one of two areas, depending on your circumstances:

    more

  • Addressing what may happen once you have gone is something no-one likes to think about, but leaving others to sort out your financial affairs after death can be fraught with problems. Making a Will is not expensive - and it’s important to have peace of mind that your spouse, children and estate will be taken care of should the worst happen.

    more

  • Disputes between family members or executors over Wills can be emotional and difficult to resolve. We always aim to help you deal with these situations sensitively and impartially - to ensure problems are ironed out with minimum cost and anxiety. We can deal with a wide range of issues, including:

    more

  • When someone dies, it’s surprisingly common for family members to be unsure if they made a Will, let alone know where it is stored. A missing Will can cause your family worry, stress and problems when dealing with your estate. Certainty is the only UK Register of Wills, and its main objective is to ensure that your Will can be quickly and easily located by your family when it is needed - and not overlooked, lost or untraced.

    more

  • Dagmara Kulczykowska is a member of STEP, which is the global professional association for practitioners who specialise in family inheritance and succession planning.

    more

  • An executor is the person with legal responsibility who deals with all the administration work involved in ensuring that the wishes in your Will are fulfilled and that the beneficiaries receive what they are entitled to.

    more

  • Here are a selection of some of the issues our Private Client Services team have successfully managed for clients.

    more