How Do I Make A Lasting Power Of Attorney?

The government has an online service where you can make and register your own Lasting Power of Attorney (LPA). You will need to have the time to read the notes and familiarise yourself with the process before proceeding. Alternatively, you can ask our solicitors to create and register an LPA for you. This will be tailored to your personal circumstances and wishes.

We find our clients instruct us to make LPAs on their behalf because they recognise the value we add and the protection our involvement provides to the validation of the LPA. A solicitor acts as an independent person who can vouch that all considerations were duly taken into account.

Why make an LPA?

An LPA allows you to appoint between one and four Attorneys. These people will make decisions on your behalf, should you lose capacity in the future. If you ever find it difficult to get about or to communicate, your Attorneys can do things like:

• Access your bank account to pay your bills
• Manage your investments
• Sell your home to pay for continuing long term care costs
• Speak to third parties such as hospital staff about your care

Only you can make an LPA, so it’s important to do it whilst you are of good health and strong memory. The Executors under your Will cannot make an LPA for you, nor can your friends or family.

What decisions do I need to make?

When you make an LPA, you’ll need to make a lot of decisions. Often, this creates more questions than answers. That’s another benefit of using a solicitor: we can answer all these questions, clarifying anything you don’t understand. Clients often ask us:

• Do I need both types of LPA? – (1) Financial and (2) Health and Welfare
• Who should be my Attorney and do I need more than one?
• Can I appoint my children who are still under the age of 18 years?
• Can I use the same Attorney for both types and can they also be the Executor or beneficiary under my Will?
• Can I have a replacement Attorney?
• Do I want my Attorney to know what is in my Will?
• What if my Attorneys sell something I have left to a particular person?
• When do my Attorneys start to operate?
• Can my Attorney give my money away, for example by making birthday and Christmas gifts?
• Can Attorneys pay themselves with my money for looking after me?
• Can I still sign for my money even though my Attorney is managing everything online?
• What decisions can my Attorney make about life sustaining treatment?
• Who will correspond with third parties, such as the DVLA, if I am off the road?
• What if I change my mind and fall out with my Attorney?
• When does the Attorney start using the LPA and who do they have to tell?

A solicitor from our team will discuss all the options and pose questions that you would not have known to ask yourself. We will also advise the Attorneys as to their role and what acts are prohibited.

Protecting your interests

A Lasting Power of Attorney is a powerful legal document, so it is vital that the necessary protections are put in place. When you instruct us, we’ll make sure that you’re making the LPA free from external influence and with a full understanding of what’s involved. We will keep a file that provides evidence of this. Thanks to our involvement, your LPAs are much less likely to be challenged or over-ridden by family members or friends who think they are best placed to manage you, your money and your health. We’ll also include clauses in a Financial Power of Attorney concerning the management of investment funds.  Homemade LPAs frequently fail to include these essential clauses.

We will explain the protection given by the registration process. Also, we’ll let the Attorneys know that they are answerable not only to you but to the local authority, if care is required, and to the beneficiaries in your Will.

Lasting Powers of Attorney are often made as part of later life planning. If you like, we can provide an all-round service to review your circumstances generally and make suggestions concerning your Will, Inheritance Tax, Capital Gains Tax and the gifting of money and assets to younger generations. Undertaking all of this at different times and by different people does not give a rounded view and complete map for your later life.

If you would like to make a Lasting Power of Attorney, or you want to discuss any other aspect of your later life planning, please contact us at Aticus Law for a free initial enquiry.