Lasting Powers of Attorney
If you would like to appoint someone to manage your personal and/or financial affairs on your behalf then this can be done by drafting a document called a ‘Lasting Powers of Attorney’ (LPA). This document will clearly state who you would like the person(s) to be, stipulate all conditions, and can be made at the same time as your Will to ensure that all of your affairs are in order according to your wishes.
Since the 1st October making a Lasting Power of Attorney (LPA) has been the only way of appointing someone to manage your affairs. The previous Enduring Powers of Attorney (EPAs) are effective providing that they were properly completed on or before the 30th September 2007. If unsure, then we are able to check your documents to make sure that they are valid.
Types of LPA
There are 2 types of LPA as follows :
(1) Personal Welfare LPA under which you can give your attorney the power to make decisions about any or all of your personal welfare matters including medical treatment or your living arrangements. Subject to certain safeguards you can also give your attorney the power to make decisions on your behalf about “life-sustaining treatment”. Such an LPA can only be made by the donor when he/she has lost the mental capacity to make such decisions
(2) Property & Affairs LPA under which you can give your attorney the power to manage your finances and property whilst you still have the mental capacity to manage your own affairs. Unlike the Enduring Power of Attorney the LPA cannot be used by the donor unless and until it has been registered with the Office of the Public Guardian
The regulations relating to LPAs are complicated and it is important that all those involved with LPAs whether the person making the LPA, the attorney accepting the appointment or the professional drafting the deed taking appropriate legal advice.
Useful link: www.publicguardian.gov.uk
Contact one of our team listed below to discuss your LPA today.
For more infomation please contact one of the following:
| Name | Position | Office |
| Jeremy Lee | Senior Partner | Crediton |
| Don Middlemost | Partner | Budleigh Salterton |
| Martin Justice | Solicitor | Crediton |
| Lisa Manning | Probate Executive | Budleigh Salterton |
| Naomi Brookes | Assistant Solicitor | Crediton |
| Emma Gray | Assistant Solicitor | Exeter |
