Powers of Attorney & Court of Protection

A Lasting Power of Attorney (LPA) is the way to ensure that the people you trust will be able to take important decisions on your behalf if you become mentally or physically incapable of doing so for yourself.

While LPAs are most often used to deal with the affairs of the elderly, if they are prepared much earlier in life they will give the same protection in the event of incapacity as a result of illness or accident. 

LPAs replaced Enduring Powers of Attorney (EPAs) from the beginning of October 2007.

The basic difference between the two is that while an EPA only enables other people to act on your behalf in relation to financial and property matters, and LPA can also enable them to act in relation to health and welfare decisions.

There are two types of LPA, a Property and Affairs LPA and a Personal Welfare LPA. 

A Personal Welfare LPA allows your chosen attorney(s) to make welfare and health care decisions on your behalf, only when you lack mental capacity to do so yourself. This could also extend, if you wish. To giving or refusing consent to the continuation of life-sustaining treatment

If you have already made a Will then an LPA will complement this and help to reassure both you and your family that you have made detailed plans for the future.

You will need to choose people you trust completely and are over 18. People usually choose their spouse and often their children, and other relatives or close friends. An alternative is to choose a professional person such as a solicitor.

Your attorney(s) will only be able to act once the LPA has been signed by you and your attorney(s), and certified by a suitable person that you have not been pressured into making the Power.

Court of Protection

We can help you contact and work with The Court of Protection, the role of which is to protect people who lack capacity and those who may vulnerable to abuse. The Court is responsible for dealing with the Registration of the LPA and appointing deputies for people who are unable to make LPAs.

We can also advise about being an Attorney under an LPA & EPA including assisting in approaching the Court to make decisions.

Click here to download our Lasting Power of Attorney pdf.