Lasting Power Of Attorney Solicitors In Cardiff

A Lasting Power of Attorney (LPA) is an important part of planning for the future. It is a legal document that gives your chosen representative the authority to deal with matters on your behalf, should this ever be necessary. Our Lasting Power of Attorney Solicitors and Legal Advisors in Cardiff can advise you of the different types of LPA and draft the document for you to sign.

By putting an LPA in place, you can be sure that someone will be able to step in to help you, if needed. Without an LPA, your loved ones could face problems if they do not have the authority to pay bills or arrange care for you.

We know you probably have questions about making an LPA, and we can offer clear advice on your options from one of our specialist Lasting Power of Attorney Solicitors or Legal Advisors in Cardiff.

If you need help to make or use a Lasting Power of Attorney, contact our Cardiff office today or use our straightforward online form to get in touch or request a call back.

How we can help you set up a Lasting Power of Attorney

We offer a full LPA service, including:

• Discussing your situation and your requirements
• Advice on choosing the right attorney(s)
• Drafting an LPA with the authority that you want to give to your attorney(s)
• Ensuring a competent certificate provider signs the LPA confirming your capacity to authorise the LPA
• Obtaining your signature on the LPA
• Serving notice of the registration of your LPA on the people you choose to notify
• Registering the LPA with the Office of the Public Guardian
• Lasting Power of Attorney guidance for attorneys

Why you might need a Lasting Power of Attorney

An LPA allows an attorney to make decisions for someone who no longer has the mental capacity to manage matters themselves. This could be on a temporary or permanent basis.

A property and financial affairs LPA can also be used while you still have mental capacity. It will give your attorney the authority to carry out your instructions on your behalf, such as paying bills for you, and it can be useful if you are temporarily incapacitated due to accident or illness or perhaps you are working abroad and need your assets managed in this Country.

If someone loses the ability to make their own decisions and they do not have an LPA in place, their family will need to apply to the Court of Protection for a deputyship order. This can be a lengthy process and is more complicated and more expensive than putting an LPA in place at the outset. It can also leave loved ones in a difficult position, as they will not be authorised to make decisions until they have the order.

The Lasting Power of Attorney cost is considerably cheaper, and there is less ongoing supervision than with a deputyship order.

Types of Lasting Powers of Attorney

Health and welfare LPA

A health and welfare LPA enables you to grant your attorney the power to make decisions relating to your personal care on your behalf. This can include deciding:

• Where you will live
• Who you will see
• What your daily routine will be
• What medical treatment you will receive, and what will be declined

This type of LPA can only be used if you lose the mental capacity to make these decisions for yourself.

Property and financial affairs LPA

A property and financial affairs LPA will allow an attorney to deal with a wide range of issues relating to property and money, including:

• Managing your bank account
• Paying bills
• Receiving benefits
• Looking after property, to include insuring it, maintaining it, and letting it
• Making investments
• Selling property

We can work with you to identify what authority you wish to give to your attorney and draft a bespoke LPA that sets out exactly what your attorney can do on your behalf.

The benefits of setting up a Lasting Power of Attorney early

Ideally, everyone should have LPAs in place, alongside a Will. This will give you peace of mind knowing that you have made all necessary preparations for the future. If the task is left until there are questions over someone’s mental capacity, it could be too late. Once someone is unable to understand the implications of an LPA, they cannot make one.

Putting an LPA in place early on, means that in the event of a sudden or unexpected difficulty, an attorney can step in and financial matters can be dealt with seamlessly and efficiently.

For more information on future planning, see our Wills Solicitors in Cardiff page.

Responsibilities and duties of an attorney

LPA attorneys must act in the best interests of the person who signed the LPA, known as the donor, at all times. The attorney can only act within the authority set out in the LPA.

They must follow the principles set out in the Mental Capacity Act 2005, which are:

• To presume that the individual has the capacity to make their own decisions, unless it is proved that they do not
• To help the individual make their own decision wherever possible
• To understand that someone has the right to make an unwise decision
• To act in the individual’s best interests at all times
• To make the decision on behalf of the individual which least restricts their rights and freedoms

You can appoint one or more attorneys, and it is advisable to name a back-up or replacement attorney who can take on the role if your original choice is unable or unwilling to act when the time comes.

You can also choose whether you wish to allow your attorneys to act individually or whether they must make decisions together. You can give them the authority to deal with day-to-day matters individually, but require them to make major decisions, such as moving to care or selling your home, jointly.

Our expertise

At JCP Solicitors, we have a large, specialist team with a high level of proficiency in dealing with Lasting Powers of Attorney. We provide clear advice, and we will always take the time to answer your questions and talk through any concerns.

Cost of a Lasting Power of Attorney

If you would like to discuss Lasting Power of Attorney fees, call us today, and we will go through your needs. Putting an LPA in place is relatively straightforward and considerably more cost-effective than obtaining a deputyship order, particularly if a situation becomes urgent.

In addition, a deputy will have more ongoing responsibilities involving the filing of annual accounts and reporting to the Court of Protection, as well as the payment of an annual supervision fee and the cost of an annual security bond.

In contrast, once an LPA has been signed, there is simply a modest one-off registration fee to be paid.

Why choose our Lasting Power of Attorney Solicitors in Cardiff?

If you are looking for advice on making a Lasting Power of Attorney in Cardiff, our experienced LPA Solicitors and Legal Advisors will be happy to help.

We also deal with circumstances where mental capacity is in question, and we have the expertise to ensure professional mental capacity assessment is carried out where necessary, ensuring that an LPA is only made where the donor has sufficient understanding of the situation.

Legal directory, The Legal 500, recognises us as a Leading Legal Firm in Wales.

As well as working in Cardiff, we also have locations across South, East, and West Wales, including offices in Swansea, Caerphilly, and Carmarthen.

Contact our expert Lasting Power of Attorney Solicitors in Cardiff

If you wish to make a Lasting Power of Attorney, call us today, and we will be pleased to help.

Please contact our Cardiff office or use our simple online form to ask a question or request a call back. Our team of trusted Lasting Power of Attorney lawyers is here to help.