If you’re worried about losing the ability to manage your own affairs in the future, you may want to consider making a Lasting Power of Attorney (LPA). This means you appoint someone else to make decisions on your behalf if you lose mental capacity.

These could be decisions about:

  • How to manage your finances
  • What happens to your business, if you’re a business owner
  • Your health and welfare
  • The type of medical care and treatment you receive
  • What happens if you have to move into a care home.

Making a Power of Attorney gives both you and your family peace of mind for the future. They’ll know what you want if anything happens to you, and you’ll know your wishes will be respected.

Our solicitors have helped thousands of people make and register LPAs. We often act as attorneys too. We can provide specialist advice tailored to your specific needs and make sure your estate and welfare is protected for the future.

We also offer an Attorneyship Support package if you're acting as someone's attorney yourself. For a fixed fee, we'll help you understand your role and responsibilities, and guide you through the tasks you need to complete. Find out more about the Attorneyship Support package

Call us today on 0370 1500 100, or use our online form and we’ll call you back.

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Frequently Asked Questions

Why Choose Irwin Mitchell?

Irwin Mitchell is one of the UK’s leading law firms. Our partner-led team has considerable experience in making Powers of Attorney and advising on the specific needs for our clients to suit their wishes, their family, and their estate.

We understand that everyone’s circumstances are different, and we’ll work with you to make an LPA that’s tailored to you. Our expertise in dealing with complex estates is of enormous benefit in this area – we understand the financial decisions at stake, and the tax complications that can arise.

If you’re worried about what will happen when you are no longer in control, we have the expertise to put your mind at rest. Call us on 0370 1500 100 to find out more.

What’s The Difference Between A Health & Welfare LPA And A Property & Financial Affairs LPA?

The two types of LPAs are used for different decisions.

The Health and Welfare LPA gives your attorney the power to make decisions about:

  • What medical care you receive
  • Whether or not you move into a nursing home, which one you go to, and what happens if you need to move to a different. one
  • What life-sustaining treatment you’re given.

It can only be used when you’ve lost the capacity to make your own decisions.

The Property and Financial Affairs LPA gives your attorney the power to:

  • Manage your bank accounts
  • Make investments on your behalf
  • Sell your home or manage your property.

It can be used as soon as it’s registered, with your permission.

What Powers Does An Attorney Have?

An attorney only has the powers they are specifically granted in the terms of the LPA. It’s very important to word an LPA so that the attorney doesn’t have free reign, but so they are also able to make the decisions necessary to protect your best interests.

Depending on the terms of the LPA, an attorney might be able to:

  • Make investments
  • Make small gifts
  • Specify medical treatment.

For anything outside the terms of the LPA, they’ll need to apply to the Court of Protection, which looks after the affairs of vulnerable people who don’t have capacity to do it themselves.

What If There’s A Dispute?

In some cases, there are disputes over the LPA once it’s come into effect. This might be because loved ones are concerned:

  • The person making the LPA (the donor) didn’t have mental capacity to do so and was coerced into signing something they didn’t understand
  • The attorney is mismanaging the donor’s affairs, such as making poor investments
  • The attorney is making gifts they don’t have the authority to make
  • The donor’s nursing care is not what they would have wanted.

We are very experienced at dealing with these sorts of disputes. Alongside our Court of Protection team, we can help you make sure your loved one’s best interests are being looked after.

Find out more about Power of Attorney disputes.

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