Lasting Power of Attorney

A Lasting Power of Attorney is a legal document that allows a Donor to appoint one or more Attorneys to assist them with making decisions or to make decisions on their behalf.

The document can only be created while the Donor has the necessary mental capacity. By planning ahead, you remain in control of who you wish to appoint and how they should act if you are ever unable to make decisions yourself or your circumstances change.

A Donor does not need to live in the United Kingdom or be a British citizen, provided the Lasting Power of Attorney relates to assets or matters within England and Wales.

Why should you consider making one?
Many clients worry that creating a Lasting Power of Attorney means giving up control over their lives. In reality, it allows you to decide who you trust to help you if the need ever arises.

Planning ahead means you choose the people who will act in your best interests, rather than leaving decisions to be made through a Court application.

As the document can only be created while you have mental capacity, it is generally advisable to put arrangements in place as soon as you are able.

Property and Financial Affairs Lasting Power of Attorney

This type of Lasting Power of Attorney allows your Attorneys to make decisions relating to your finances and property.
Depending on your instructions, it can be used once it has been registered and, if you still have mental capacity, with your permission. It can also be used if you later lose mental capacity.
Your Attorneys may assist with matters such as:
• Managing bank accounts
• Paying household bills
• Collecting pensions or benefits
• Managing or selling property where required

Health and Welfare Lasting Power of Attorney

A Health and Welfare Lasting Power of Attorney can only be used when you have lost the mental capacity to make decisions for yourself.

It allows your Attorneys to make decisions relating to matters such as:

• Medical treatment
• Daily care and wellbeing
• Whether you should move into a care home
• Life-sustaining treatment, where you have chosen to give your Attorneys that authority
• Day-to-day decisions such as washing, dressing, eating and visitors

You may choose to make one type of Lasting Power of Attorney or both, depending on your individual circumstances.

We understand that making a Lasting Power of Attorney can feel daunting, so our process is designed to ensure you fully understand each stage before proceeding.

Step 1: Your Initial Meeting

During your appointment, we will explain the nature and effect of the Lasting Power of Attorney, discuss whether you wish to make one or both types of LPA and assess your understanding. We will also take details of the Attorneys you wish to appoint and how you would like them to act.
If we are satisfied that you have the necessary mental capacity, we will act as your Certificate Provider.

Step 2: Preparing your Documents

We will prepare the Lasting Power of Attorney documentation and send it to you for review. You will be asked to read the documents carefully, checking names, addresses and dates of birth before confirming that you are happy to proceed.

Step 3: Signing the LPA

Once approved, we will arrange a mutually convenient appointment for the documents to be signed. If your Attorneys wish to attend, they may do so and the documentation can be signed by all parties in our presence.

At this stage, we will also prepare notices for any individuals you have chosen to notify and confirm your instructions regarding the storage and release of the original documents.

Step 4: Registration

Following signature, we will submit the Lasting Power of Attorney to the Office of the Public Guardian for registration.
Registration currently takes approximately 8 to 10 weeks, provided there are no errors within the application or objections from third parties.

Once the registered documents are returned, we will notify you within seven working days.

Step 5: Secure Storage

Following registration, we can store your original Lasting Power of Attorney free of charge or provide you with the original document or certified copies, depending on your preferences.

Our Wills and Probate team advises clients across Essex on Lasting Powers of Attorney and understands that many people find future planning difficult to discuss.

We pride ourselves on being approachable, supportive and easy to understand, providing clear information that helps clients make informed decisions for both the present and the future.

From our offices in Southend and Chelmsford, we provide practical legal advice tailored to your individual circumstances.

A Lasting Power of Attorney is one part of preparing for the future. Many clients also choose to make a professionally drafted

Will to ensure their wishes are clearly recorded, while families dealing with the loss of a loved one may require assistance with the Probate process.

Our Private Client team can provide joined-up advice across these connected areas, helping you and your family plan with confidence.

Whether you are considering a Property and Financial Affairs Lasting Power of Attorney, a Health and Welfare Lasting Power of Attorney, or both, our experienced team is here to provide clear and compassionate advice.

From our offices in Southend and Chelmsford, we support clients across Essex in planning for the future with confidence.