It is important to consider putting LPAs in place in case the worst should happen. Should they lose capacity, and there are no LPAs in place, it can take almost a year until you can begin to act on their behalf; in that time, no one would be able to manage the donor’s estate. It’s therefore always best to set up LPAs well in advance of these issues arising.

There are two main types of Lasting Powers of Attorney. Health and Welfare and Property and Financial Affairs.

The Health and Welfare LPA

This allows you to make decisions as to the donor’s wellbeing, be it where they live, the medical treatment they receive and/or dealing with their day-to-day care. These LPAs can only be used should the donor lose capacity to make decisions themselves.

The Property and Financial Affairs LPA

This allows you to make decisions, as the name suggests, to the donor’s property and financial affairs. This can include buying and selling property, opening and closing bank accounts, dealing with tax affairs and paying off mortgages. Though they can be used with the donor’s permission even if the donor still has capacity, they come into full effect upon the donor losing the same.

How long does a power of attorney last?

A power of attorney lasts for the entire life of the donor.

Who can be an attorney?

Anyone over the age of 18 so long as they have mental capacity can act as an attorney.

How do I get a lasting power of attorney?

Here at Birkett Long, we have a team of experienced and dedicated advisors who are able to guide you through the process of obtaining an LPA. The forms can often get quite complicated; any mistakes missed can then lead to issues down the line should the need to use an LPA arise.

Our team are able to complete all the paperwork and register your LPA accordingly, with minimal hassle for yourself, providing you with certainty that everything has been done properly.

Our Private Client team is ranked as top tier within the Legal 500, and are therefore able to put your LPAs in to place with little fuss.