Power of Attorney Solicitors Enfield, Finchley, North London and Hertfordshire
A Lasting Power of Attorney is the only way to ensure that the people you trust are in a position to deal with your property, affairs and personal welfare in circumstances where you are unable to do so.
You will want to ensure that those who love you can care effectively for you. It is something which will hopefully never be needed but if it is, expensive and time consuming court applications will be avoided and your attorneys can deal with your affairs and welfare immediately (subject to registration at the Office of Public Guardian).
Do you want to ensure that the right people can easily:
- Ensure your bills are paid;
- Make sure your savings and investments continue working for you as you want;
- Deal with all necessary transactions subject to any restrictions and conditions that you decide appropriate
- Act in your best interests and ensure that your wishes regarding medical care are carried out.
We can help you
Our private client department is experienced in dealing with issues involving care and support needed for elderly people and those with disabilities.
Whether you are worrying about your own situation or concerned about your close family, our team will help ensure that your wishes are respected and your mind put at ease.
Understanding the importance of lasting power of attorney
Preparing a Lasting Power of Attorney (LPA) enables you to give someone you trust the legal authority to make decisions on your behalf when you need support and/or you are no longer able to make those decisions for yourself.
The people you choose to make decisions on your behalf are called attorneys and should not be confused with the term used by sophisticated, suave lawyers from American TV dramas like LA Law, Boston Legal or Suits!
There are two types of Lasting Power of Attorney. There is a Health and Welfare LPA and a Property and Financial Affairs LPA. They each have different uses, and you can appoint different people to represent your best interests. A Health and Welfare LPA lets your attorney make decisions about where you live and medical issues like life sustaining treatment. The Property and Financial LPA allows a person to deal with decisions about your money and property. This can include buying and selling property, dealing with the Pension service, welfare benefits and your bank accounts.
You should consider drawing up an LPA as just another piece of insurance. You hope that you won’t need it but know that it will protect you if you do.
The key point is that if you are unable to make decisions yourself – your attorney can step in to assist and you should be reassured that the person assisting you is someone you trust.
If you lose mental capacity without appointing an attorney this can cause problems for your family, and inconvenience you personally. A relative or a friend (or the local authority) would have to apply to the Court of Protection to become your deputy so that they can make decisions for you. This can be especially important if you hold joint assets as these assets may not be able to be sold without the consent of the Court of Protection. This may lead to considerable financial hardship for you and your family until any deputyship has been processed and granted by the Court of Protection.
In short, if you lose mental capacity and do not have a lasting power of attorney in place:
- You do not have a say in who the court decides to appoint as your deputy
- You will not have a say in the scope of powers that are granted to your deputy
- The deputy’s application could be refused, and the council appointed instead
- Your family will have to pay extra to apply for and maintain the deputyship
- You may not be able to sell jointly held assets until the court appoints a deputy
Having an LPA in place should ensure that your loved ones are in a position to deal with your financial affairs or make important medical decisions without delay.
If you think you might need or want to set up an LPA, feel free to contact Curwens Private Client team for an initial meeting.
Contact our Power of Attorney Lawyers in Enfield, Finchley, North London and Hertfordshire today
Call us today or complete our online contact form and one of our team will be in touch to discuss your matter further.
FAQs
A Lasting Power of Attorney (LPA) is a document which gives somebody you trust (your attorney) the power to deal with your property and financial affairs, or make decisions about your health and welfare, for example where you live or your medical care. This is an important safeguard for the future meaning that your appointed attorney(s) can quickly begin to act on your behalf should you lose the capacity to manage your own affairs or make decisions for yourself, due to old age or poor health.
We offer a fixed fee for preparation and registration of both types of LPA (Property and Financial Affairs/Health and Welfare). If you wish us to prepare both documents we offer a significantly reduced price.
Preparing your LPA now is a cheaper and simpler process than appointing a Deputy later on.
If the person you wish to help has already lost their capacity then we can help you apply to the Court to be appointed their Deputy. A Deputy is a person appointed by the Court of Protection to make decisions on behalf the person who lacks capacity. A Deputy has the power to make decisions about the property and financial affairs and health and welfare of that person.
If you made an Enduring Power of Attorney (EPA) prior to the introduction of LPAs then the EPA remains valid and your chosen attorney(s) can help you to manage your property and affairs (but not make decisions about your personal welfare). Should you show signs of losing capacity then your attorney(s) are under a duty to register the EPA with the Office of the Public Guardian. We can of course assist with the registration process and also in preparing an LPA to take effect alongside your EPA. This will mean that your attorney(s) can deal with decisions about your health and welfare (under the LPA) in addition to managing your property and affairs (under the EPA).
