A Lasting Power of Attorney (sometimes referred to as an LPA) is a very powerful document where you give another person (your attorney) the authority to act on your behalf and manage your affairs, should you become incapable of doing this yourself.
It is a popular misconception that an Lasting Power of Attorney is only something the elderly should consider. An Lasting Power of Attorney can only be made by someone aged over 18 and must be made as an individual – two people together cannot make a joint Lasting Power of Attorney. No one can create an Lasting Power of Attorney for you and it must be made whilst you are of sound mind.
No one knows when misfortune may strike and by planning ahead you are able to set out your wishes and instructions. A Lasting Power of Attorney is designed to be used when a person’s capacity to act for themselves has been lost, due to such factors as illness, accident or dementia. The new Lasting Power of Attorney comprises two documents, one for your financial affairs, called Lasting Power of Attorney – Property and Affairs, and one for your personal welfare, called Lasting Power of Attorney – Personal Welfare.
There is a Code of Practice for attorneys to follow and many safeguards in place to prevent any abuse of the system, but it is obviously essential that you have complete trust in the person(s) you appoint to be your attorney(s). Your Lasting Power of Attorney, once written, must be registered with the Office of the Public Guardian (OPG) or it cannot be used.
Lee Young heads our Private Client Team and is experienced in drafting wills and Lasting Powers of Attorney. He says “It makes sense to consider creating a Lasting Power of Attorney at the same time as you make your will as much of the required information is similar. Our team of Wills specialists can assist you with this.”
Frettens are pleased to offer a free initial consultation for all new clients. We have always offered this service because we recognise the importance for clients of deciding whether they can work with a particular solicitor and to find out more about the process and likely outcome. Contact Lee or a member of our Private Client Team on 01202 499255 to arrange a free, no obligation initial appointment at either our Christchurch or New Forest office.
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