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Lasting Power of Attorney

Oliver & Co will help you protect your future with a Lasting Power of Attorney (LPA).

An LPA is a vital document. It gives someone you trust the ability to make decisions on your behalf if you are no longer able to (the Attorney).

For example, if you lose mental capacity through illness, such as dementia, or serious injury, such as a head injury.

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Why should I make a Lasting Power of Attorney (LPA)?

Failing to make an LPA before you lose mental capacity can have a devastating impact on you and your family.

Without one, your family or friends would have to apply to the Court of Protection to make any decisions about your healthcare or finances. This is an expensive and time-consuming process and you may not get the outcome that you would have wanted.


Breaking the stigma

Losing mental capacity (the ability to make decisions) does not discriminate. Unfortunately, it could happen to anyone. Many people do not like to consider a future where they could become unable to make decisions, but preparing for the future with an LPA is the best way to protect yourself if the worst were to happen.

The Alzheimer’s Society estimates that by 2025, there could be more than a million people living with dementia.

Married couples cannot make decisions for their spouse without an LPA

It is a common misconception that your husband/wife will automatically be able to make decisions on your behalf. This is completely false. Without a Lasting Power of Attorney even next of kin cannot take charge of your finances. This includes selling a house you own together, allocating money for your care, or even accessing your individual bank account to pay bills. This could create a very difficult financial situation for your loved ones.

Importantly, you can only make an LPA when you are still able to make decisions.

Types of Lasting Power of Attorney

There are two types of Lasting Power of Attorney:

Health and Welfare LPA

This LPA gives the person or people of your choice the power to make decisions regarding where you live, your medical treatment (including, if you choose, the power to give consent or to refuse life-sustaining treatment) and day-to day matters, such as your diet and your routine. This LPA can only be used when you are unable to make decisions.

Property and Financial Affairs LPA

This LPA gives the people or person of your choice the power to deal with your property and financial affairs including collecting your benefits, dealing with your banking and savings accounts, making or selling investments, paying your bills and buying and selling your home. This LPA can be used, with your permission, as soon as it is registered.

Why choose us?

Our experts provide a comprehensive, personal service and are highly-qualified to give you and your family the very best advice. We offer:

Lasting Power of Attorney FAQs

We provide very competitive pricing for drawing up an LPA, starting from just £350 + VAT.

You can choose any person to be your Attorney and if you wish, you can appoint more than one Attorney to act on your behalf. People often choose their spouse, children or close relatives or friends. However, it is also possible to choose a professional person such as a solicitor.

Both types of LPA stay in force even if you lose mental capacity. However, the benefit of an LPA is not limited to helping manage the affairs of somebody who is mentally incapable. Many people find that through old age or physical infirmity it simply suits them to let other family members look after matters on their behalf. The creation of an LPA gives your family the legal authority to do precisely that.

You can create an LPA at any age, and we would always recommend that you do create one. However, it is particularly helpful for elderly and infirm people who are becoming increasingly dependent on family members for assistance in their day-to-day lives.

Business owners should also create an LPA. Without one, who would take over the running of the business should anything happen to you? What would it mean for you and your employees’ financial affairs?

The first step is a free consultation with one of our Wills and Probate solicitors. We will talk you through the process involved and answer any questions you may have.


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