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Lasting Power of Attorney Solicitors

People generally understand the need for a will to ensure their family members and loved ones can properly manage their affairs upon their death. Still, what happens when you need help making decisions about your medical treatment, property, and financial affairs long before death? In that case, it’s best to connect with power of attorney solicitors to help you create a power of attorney legal document.

Through unfortunate circumstances, accidents, or illnesses, you could lose mental capacity, limiting your ability to make decisions for yourself. Powers of attorney help vulnerable people get the support and care they need according to their wishes, regardless of whether they lack capacity.

Entrusting someone to make medical and financial decisions on your behalf is serious. Thankfully, the experienced solicitors for power of attorney at Sandstone Legal can help you and your nominated attorney navigate the process. We believe in acting in our clients’ best interests, so our solicitors can help you plan ahead.

A lasting power of attorney is an excellent way to manage your financial affairs with the help of a trusted person to whom you give the legal authority to assist you. Sandstone Legal would be honoured to facilitate the process for you.

 

What Is the Lasting Power of Attorney?

Lasting powers of attorney are legal documents that a person (donor) obtains to give someone (attorney) authority to act on the person’s behalf. The attorney will help the donor make decisions in their best interests regarding their property and financial affairs or medical care.

Having a lasting power of attorney doesn’t mean the attorney can override the donor’s wishes or make all decisions regarding their life and estate. This legal document is for people who lack mental capacity and cannot or choose not to make important decisions without help.

When a person loses their mental capacity from a progressive condition like dementia and can’t take care of their financial affairs, a lasting power of attorney is beneficial. When someone loses their mental capacity, people often assume a family member can take over their property and financial affairs. However, the truth of the matter is more nuanced.

Even if you’re in good health and can manage your financial affairs now, you might struggle to do so in the future. By appointing someone to manage your welfare if you lose capacity, you’re making a cost-effective decision that will benefit you and your loved ones should you ever become mentally incapable of making decisions.

 

What Is the Difference Between an Enduring Power of Attorney and a Lasting Power of Attorney?

With a lasting power of attorney, you’re giving a selected attorney the power to manage your property and financial affairs. It could be temporary or last until death. You can cancel by writing to the Office of Public Guardian.

You might need to give an attorney access to your bank accounts to pay your bills while you get life-sustaining treatment to improve your health. You could have a health condition that causes diminished mental capacity in later life. In either case, a lasting power of attorney will act on your behalf and make decisions on financial matters in your best interests.

Financial decisions a lasting power of attorney can grant include:

  • Putting your property on the market
  • Paying your bills
  • Facilitating medical treatment on your behalf

There are two types of powers of attorney. Besides lasting power of attorney, an ordinary power of attorney grants authority to make financial decisions. This option can be ideal for certain times, such as when you’re on holiday or getting your health in order.

An enduring power of attorney is also solely responsible for financial decisions. In light of the Mental Capacity Act 2005, no one can draft enduring powers of attorney. However, enduring powers of attorney made before 1 October 2007 are valid and could be registered with the Office of Public Guardian.

 

The Process of Working With LPA Solicitors

When you’re ready to set up a lasting power of attorney, it’s best to do so with power of attorney solicitors. You don’t have to work with a solicitor, but the process is usually more complicated without one.

To initiate the process of obtaining a power of attorney, you’ll need to complete an LPA form and send it to the Office of Public Guardian. A signed doctor’s certificate ensures your mental capacity to obtain a lasting power of attorney. A signature on the form from a certificate provider is necessary; the signature can come from a doctor, solicitor, or social worker but not a loved one.

Finally, you can register the LPA through the Office of Public Guardian. It usually takes several weeks to complete registration and activate the document’s authority.

When you work with experienced power of attorney solicitors, you will get professional help to draft your lasting power of attorney. A solicitor can help you:

  • Select an attorney
  • Complete the attorney’s paperwork with accurate information
  • Advise you on how to structure your document
  • Help you and your attorney understand the types of powers of attorney available
  • Help you appoint replacement attorneys

 

The Lasting Power of Attorney Process

You can nominate a trusted person to be your lasting power of attorney as long as they are over 18 and have the mental capacity to make their own decisions. That includes a spouse, civil partner, another relative, or a professional attorney. You can also have multiple attorneys who handle different aspects of your care, or they can work jointly.

Your appointed attorney will act on your behalf. They could refuse consent to medical treatments or pay for your mortgage through your bank account as long as it’s in your best interests. You could limit the document’s power or grant additional powers at your discretion.

There are some costs involved. You must pay to register the document with the Office of Public Guardian and pay your solicitor if you choose to use one.

If you don’t have an LPA, your relatives may have to go through the courts to get decision-making powers if you lose capacity. Going through the courts will incur more costs and can take longer.

 

Choose Sandstone as Your Lasting Power of Attorney Solicitors

Sandstone Legal and our power of attorney solicitors will gladly help you prepare for your future with lasting powers of attorney. We do our best to streamline legal processes to make things as stress-free as possible for our clients. From our initial consultation, we’ll learn about your needs and go above and beyond to advocate for you.

Whether you need legal guidance regarding wills or advice from an LPA solicitor, we’re here to help. Get in touch with the contact form, and Sandstone Legal will be in touch.

 

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