- Wills & Estate Planning
- Wills & Will reviews
- Fixed cost Probate & Estate Administration
- Directors Protection Scheme
- Lasting Power of Attorney
- Court of Protection
- Letter of Wishes
- Strategy Room: Moving forward. Together
- Legal Glossary
Lasting Power of Attorney
An individual’s next of kin does not have an automatic right or legal entitlement to deal with the affairs of a family member. Only someone who is legally appointed as an Attorney can deal with someone else’s affairs to do with their finances, property or personal welfare.
If a person who loses mental capacity does not have a Lasting Power of Attorney (LPA), a family member or loved one can apply to be appointed as their ‘deputy’. This application is made to the Court of Protection. It is a more complex, ongoing process, so we recommend putting an LPA in place where possible.
What is an LPA?
A Lasting Power of Attorney (LPA) outlines the appointment of an Attorney in a document, and the powers they hold if required in the future.
The LPA allows the individual to deal with any affairs with the intervention of the Court with full legal authority. If the individual to whom the document relates loses mental capacity, the Attorney can deal with their affairs.
The LPA can be supplemented by a Letter of Wishes, which is not a legal document but provides additional guidance to the Attorney in relation to health and welfare matters.
There are two different types of LPA.
Property and Affairs
This type of LPA can take effect immediately, or only to become effective if mental capacity is lost. This allows the Attorney to deal with all financial affairs such as transfers of money, selling property and closing bank accounts.
This can only become effective should mental capacity be lost. It allows the Attorney to make decisions on where an individual should live and health decisions such as who the doctor/dentist should be.
One of the most important aspects of the Personal Welfare LPA is that the individual is able to state whether the Attorney will have the power to consent to or refuse life sustaining treatment on behalf of the individual.
Who can be an Attorney?
The individual can appoint 1 or more Attorneys, but it is imperative they are people that the individual can trust completely.
An Attorney must have appropriate knowledge of the individual’s affairs and will be able to make decisions in the best interests of the individual, and echo the decisions that they would have made, had they been of capacity.
Napthens is highly experienced in helping people arrange LPAs that will give them reassurance when they need it most.
How to arrange an LPA
We are highly experienced in supporting families as they plan for the future using an LPA. Our professional advisers provide a sympathetic, efficient service, treating each case on an individual basis to ensure the solutions we offer are best for you and your loved ones.
Why choose Napthens?
- Cases handled with sensitivity and professionalism
- Highly experienced, specialists in Estate Planning and in inheritance disputes
- Clear advice tailored to your wishes and personal situation
- Specialists in complex personal and financial situations