Powers of Attorney

Powers of Attorney

Should you become concerned that either you or a loved one may become unable to manage their affairs. Whether due to poor health, Powers of Attorneyabsence from the UK, or due to loss of mental capacity for a period of time. A Lasting Powers of Attorney (LPA) can ensure your affairs are entrusted to someone who can legally make important decisions and manage those important affairs for you when you most need it.

By making an LPA, either you or a relative appoint the attorneys who can 'support' either you or a loved one to manage their affairs.  This will ensure peace of mind, knowing that their affairs  will be Safely taken care of.

There are legal safeguards for the protection of the person making the LPA, who are best known as the donor.  The donor appoints attorney(s) who must act in the donor's best interest.  The attorney(s) have a legal duty to support the donor with decisions.  However if the donor is no longer capable and incapacitated, the attorney(s) must continue to act in the donor's best interest while the donor is incapacitated.

There are two types of powers of attorney:-

(1)  Health and Welfare LPA dealing with the donor's health and welfare.

(2)  Property and Financial Affairs LPA.

Usually, the donor will create at the same time both a Health and Welfare LPA and Property and Financial Affairs LPA.  However the donor may decide that only one type of LPA is needed - that is, either the Health and Welfare LPA or Property and Financial Affairs LPA.

Lasting powers of attorney must be registered with the Office of the Public Guardian for it to become a legal document.

Appointing Beardsells Solicitors will ensure that the donor and the attorney(s) receive professional advice before making the LPA.  Our professional advisors have the relevant skills in the assessing and certification of the LPA for registration with the Office of the Public Guardian.

If you are in need of some friendly advice, guidance, or help with creating a Lasting Powers of Attorney, we can advise on and prepare them for you - and we can also act in objection to the registration of a Lasting Powers of Attorney, if required.  Finally, where necessary, we can also act as the ‘Attorney’ for clients who do not have anyone else to fill this role for them.