Personal Legal Services

POWERS OF ATTORNEY

A Lasting Power of Attorney lets you appoint someone you trust to manage financial or health decisions if you lose capacity. RJS supports you in preparing and registering the document to ensure your wishes are protected.

Planning Ahead with a Lasting Power of Attorney

Many people plan for what happens to their money and property after death, yet far fewer consider what would happen if they were suddenly unable to manage their own affairs. A stroke, serious accident, or illness such as dementia can leave someone unable to make decisions, and without the right arrangements in place, there may be no one legally authorised to act on their behalf.

A Lasting Power of Attorney (LPA) is a legal document created while you still have mental capacity that allows you to appoint a trusted friend or relative to manage your affairs and make decisions for you if needed. It is a common misconception that LPAs are only relevant later in life. In reality, anyone over 18 who owns property, holds financial accounts, or has personal welfare considerations should consider putting one in place, as loss of capacity can occur at any age. Once capacity is lost, it is no longer possible to create an LPA.

There are two types of Lasting Power of Attorney:

  • Financial Decisions
  • Health and Care Decisions


Types of Lasting Power of Attorney and Professional Guidance

Financial Decisions

If someone becomes unable to make decisions, they may need assistance managing their finances. Creating a Lasting Power of Attorney does not mean giving up control. You can decide whether it is used immediately after registration or only if you lose mental capacity in the future. Without a financial LPA in place, someone would need to apply to the Court to act on your behalf, which can be time-consuming, costly, and may result in a decision-maker you would not have chosen.

Health and Care Decisions

A health and care LPA allows you to appoint trusted individuals to make decisions if you lose capacity. This can include choices about medical treatment, where you receive care, the type of support you receive, and day-to-day matters affecting your wellbeing. It only takes effect if you are unable to make decisions yourself, ensuring that your preferences are respected and handled by people you trust rather than being left to unfamiliar parties.

Why Use a Solicitor to Prepare Your LPA?

Before an LPA can be used, it must be registered with the Office of the Public Guardian. Errors or omissions in the paperwork can prevent registration and render the document invalid. RJS Solicitors manages the preparation and registration process to ensure accuracy and compliance, providing clear guidance throughout. Our aim is to make the process straightforward while ensuring your instructions are properly documented and legally effective when needed.

How We Can Help with Your Lasting Power of Attorney

RJS provides practical support throughout the process of preparing and registering a Lasting Power of Attorney, ensuring your arrangements are clear, compliant, and aligned with your wishes. Our team can assist by:

  • Completing the LPA forms on your behalf and ensuring they are valid
  • Registering your LPA with the Office of the Public Guardian
  • Advising on suitable individuals to act on your behalf
  • Guiding appointed attorneys on their duties and responsibilities
  • Providing reassurance that trusted decision-makers are in place if you become unable to act for yourself

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