Lasting Powers Of Attorney

No one likes to imagine a time when they might lose the ability to make decisions for themselves. Unfortunately, it can happen, and if it does, it can create real difficulties for you and those you care about.

Making an LPA allows you to plan for the future. Our Lasting Power of Attorney Solicitors and Legal Advisors in South Wales know exactly how to guide you through the process in a time-efficient manner, ensuring that you are protected for the future.

Our Lifetime Planning team deal with Wills, Trusts and Probate. We believe that preparing an LPA is often more important than preparing a Will. Not only does it allow you to maintain control over who makes decisions on your behalf, but it can also provide peace of mind and stability for you and your loved ones.

Why you might need a Lasting Power of Attorney

By making a Lasting Power of Attorney (LPA) you can choose someone to look after your affairs should you become incapable of doing so yourself. This person is known as an Attorney.

You can appoint a friend, relative or a professional to act as your Attorney. An Attorney can be granted authority to deal with your property and financial decisions, as well as your health and welfare. The role carries considerable responsibility and as such, it is crucial that your Attorney is someone you trust to act in your best interests.

You will need your LPA if you lose mental capacity and need help making health and welfare decisions, decisions concerning your property and financial affairs, or both. Knowing that you will be cared for in the future can offer you peace of mind., Specific Lasting Powers of Attorney for business people can help you make plans that accommodate your business needs.

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

We can:

• Help you decide if you need a Lasting Power of Attorney.
• Talk to you about considerations when selecting and appointing an Attorney.
• Which type of Lasting Power of Attorney can suit your circumstances.
• Advise Attorneys on their obligations.
• Resolve disputes over a Lasting Power of Attorney.

Our Lasting Powers of Attorney services

Helping you decide if you need a Lasting Power of Attorney
Deciding whether or not you need an LPA is an important choice. Our Lasting Power of Attorney Solicitors and Legal Advisors in South Wales can help you begin the conversations around how to best plan for your future needs, discussing all of the options available to you transparently and at a pace that you are comfortable with.

Selecting an Attorney

When you make a Lasting Power of Attorney, it is crucial that you choose the right individual to be your Attorney. This could be a family member, a friend, a professional attorney or another trusted loved one.

Our Lasting Power of Attorney guidance includes consideration on selecting the most appropriate Attorney to look after your welfare as well as your finances in the future. We can help you to explore your options and have proactive discussions with your potential Attorney(s), making sure that they are the right fit.

Tailoring a Lasting Power of Attorney to your circumstances

Each LPA can be tailored to the individuals needs and can contain guidance on how they wish to be cared for.

Your LPA can protect you from certain medical interventions or care arrangements, offering you peace of mind in your later years.

Appointing an Attorney

The process of appointing an Attorney should be handled appropriately. We will oversee all of the documentation, ensuring it is legally sound and accurate, that a suitable Attorney has been selected, and that the full implications of your decisions have been considered.

We will guide you through the registration process and ensure everything is in place, making sure that all legal formalities are followed and giving you the best chance at avoiding rejection and/or delays from the Office of the Public Guardian. We can then register the LPA on your behalf and ensure all deadlines are met and communication handled promptly.

Advising Attorneys on their obligations

Attorneys may be unsure of their legal obligations under an LPA, particularly if they are new to the responsibilities. We can advise you on compliance and ethical guidance protocols for day-to-day decision-making, the handling of finances and healthcare, and raising concerns/disputes.

Being an Attorney is a significant commitment, and our Lasting Powers of Attorney specialists can support you in finding the balance between your commitment to the responsibility and your own life prospects.

Resolving disputes regarding Lasting Powers of Attorney

Disputes over an LPA can be distressing and delay the care and financial handling of an individual and their estate. Our Lasting Power of Attorney Dispute Solicitors in South Wales can step in to prevent disputes from becoming excessively time-consuming and expensive, prioritising the repair of family bonds wherever possible.

We will prioritise using informal dispute resolution where we can as most often, we find that this is less stressful and more cost and time friendly for our clients. If a solution cannot be reached outside of court, then we will engage in litigation on your behalf with confidence and skill.

Lasting Powers of Attorney key questions

What are the different types of Lasting Powers of Attorney?

There are two types of LPA that our Lasting Power of Attorney Solicitors and Legal Advisors can help with. You may choose to have one of them or both in place. The two options are:

1. A Property and Financial Affairs LPA, which allows the attorney to manage financial matters on behalf of the LPA owner such as bank accounts, benefits, selling property or paying bills.
2. A Health and Welfare LPA, which grants the Attorney authority to make decisions relating to your health and care, including medical treatment, care provisions, and your daily routine.

What is the role of a Solicitor or Legal Advisor in preparing a Lasting Power of Attorney?

A specialist Solicitor or Legal Advisor plays a key role in ensuring that your LPA is clear, tailored to your requirements and needs, and will hold up when it comes into use.

While the cost of Lasting Power of Attorney advice might cause you to hesitate when seeking legal guidance, having a regulated law firm involvement in the process could save you significant legal costs in the future. An LPA Solicitor or Legal Advisor’s responsibilities include:

• Explaining the different types of LPA and which suits your circumstances best.
• Drafting and reviewing the documents involved.
• Guiding you through selecting your Attorney(s) .
• Registering the LPA with the Office of the Public Guardian .

How much does it cost to set up a Lasting Power of Attorney with a Solicitor or Legal Advisor?

The Lasting Power of Attorney cost will depend on the complexity of your estate and future plans, combined with a registration fee with The Office of the Public Guardian. You may be able to apply for a reduction or exemption of the registration fee, which we can help guide you with.

JCP Solicitors prioritises transparency when it comes to our Lasting Power of Attorney fees and will provide an upfront estimate of the financial commitment you are facing.

What information do I need to provide to a Solicitor or Legal Advisor to create a Lasting Power of Attorney?

There is some key information that your Lasting Power of Attorney Solicitor or Legal Advisor will typically need, including:

• Your full name, date of birth, and address.
• The name, address, date of birth, and relationship to you of your chosen Attorney(s).
• Replacement Attorneys for if your primary choices are unable to act.
• Clarifying and solidifying any restrictions or wishes you want in place.
• The timeline for how you want your LPA to take place, including any trigger events.
• Certificate provider details to prove that you are acting voluntarily.

What happens if I don't have a Lasting Power of Attorney and lose mental capacity?

If you lose mental capacity without having an LPA in place, nobody will have the power to act on your behalf, regardless of their relationship to you.

The process for them to gain that control through an application to the Court of Protection for a Deputyship Order that is time-consuming, stressful and typically costs more than if you had put an LPA in place before any mental decline.

This ultimately leaves the decision over your health, finances, and affairs in the hands of the Court, and the individual who secures an LPA on your behalf will be under more supervision and management, leading to potential delays, increased cost and an impact on your wellbeing and stability.

Can a Solicitor help me amend or update an existing Lasting Power of Attorney?

Once an LPA has been registered, it cannot be directly amended. If you want to make changes to it, such as appointing different attorneys or changing your preferences, then you will need to create a new LPA and have it registered.

Our Lasting Power of Attorney Solicitors and Legal Advisors can guide you through this process, making sure that the original is properly revoked and the new one is firmly in place.

Why choose our Lasting Power of Attorney Solicitors and Legal Advisors?

Our Lasting Power of Attorney Solicitors and Legal Advisors are highly skilled in all manner of LPA matters, with a strong track record for success and accreditation from the Legal500 in our services as a top tier firm.

Lifetime Planning Director Beverley Bowen, and Senior Associate Solicitor Rebecca Danks, are full members of the Society of Trusts and Estate Practitioners. STEP recognises the most senior and experienced practitioners in the field.

We are also Dementia Friends, the Alzheimer’s Society Initiative that looks out for individuals who need the extra support.

Contact our expert Lasting Power of Attorney solicitors