Nobody likes to think about losing the ability to manage their own affairs. However, you would be wrong to assume relatives can just walk into a bank and access your money, even if it is to pay for utility bills or your care fees.
It is more important than ever that you set up a Lasting Power of Attorney now, before it’s too late
Why organise Lasting Powers of Attorney?
By setting up Lasting Powers of Attorney now whilst you still have capacity, you can appoint one or several family members or trusted friends to be your Attorney(s) to help you make decisions or to have the legal right to deal with your affairs should you not be able to in the future.
Your Attorneys must follow the principles of the Mental Capacity Act and most importantly, they must always act in your best interests and help you make as many of your own decisions as possible.
If you lose mental capacity, unless you've already filled in the Power of Attorney forms, your loved ones will need to apply through court to become a 'deputy', a long and expensive process with on-going yearly supervision fees.
There are two types of Lasting Power of Attorney (also known as LPA).
Property & Financial Affairs
This gives your Attorney(s) the power to:-
Manage your bank or building society account and other investments
Pay your bills
Claim and collect state benefits and pensions on your behalf
Sell your home
You can elect to allow your Attorney(s) to start acting for you once the Lasting Power of Attorney has been registered with the Office of the Public Guardian or you can choose to include a condition in the Lasting Power of Attorney that prevents your Attorney(s) from acting on your behalf until you are mentally incapable of managing your financial affairs yourself.
Health & Welfare
This gives your Attorney(s) the power to make decisions about:-
your daily routine, e.g. washing, dressing, eating
where you live, moving into a care home
refusing or consenting to life-sustaining treatment
This Lasting Power of Attorney can only be used if you have lost capacity and cannot make the decision yourself.
Kieran Clarke Green Solicitors can advise and guide you throughout the whole process, from an initial meeting with you (and your Attorney(s) if you so choose) through to completion of the forms and registration of the Lasting Powers of Attorney.
We have different fixed fee packages depending upon whether you require one type of Lasting Power of Attorney or both.
For further information or to arrange an appointment, please contact our dedicated team today
Call: 01246 211006 or Email:
Wills, Probate & Estate Administration Team
Experienced and Strategic
Our team has many years experience in delivering high quality work in all matters relating to probate and estate administration. All work is supervised by Emma Leek, Director and Head of Private Client department.