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A Lasting Power of Attorney - LPA - is a document allowing you to appoint one or more persons to handle your affairs for you either immediately, or at a later date if you are incapacitated.
There are two types of LPA:
- A Property and Financial Affairs LPA which authorises your attorney to manage financial and property matters
- A Health and Welfare LPA which authorises your attorney to make more personal decisions on your behalf if you are not capable of making such decisions yourself
Our lawyers can advise you on the options open to you in making an LPA and can prepare the document for you. LPA's need to be signed whilst you have the requisite capacity. We will ensure that you understand the terms of the LPA, and that you are making it of your own free will. Where we prepare an LPA on your behalf we can act as the certificate provider and ensure that the necessary steps are taken to ensure that the LPA is not invalidated if your capacity of making an LPA was ever questionned in the future.
We also advise that your LPA should be registered with the Office of the Public Guardian without delay as this process can take as long as eight weeks. For financial and property matters your attorneys are then able to act in your interests once registration has taken place.
Enduring Powers of Attorney - EPAs- made before October 2007 are still valid and we can advise regarding the procedures to be followed to operate an EPA.
If you are the attorney of someone who is incapable of handling their own affairs we can guide you through the procedures to be followed to activate the Power of Attorney, and can advise you on your duties and responsibilities.
If you are faced with the situation of a family member or friend who is incapacitated but who has not made an EPA it may be necessary to make an application to the Court of Protection for the appointment of a Deputy to handle their affairs. We are experienced in dealing with the Court of Protection and can guide you through the process. Where appropriate one of our partners can be appointed by the Court as Deputy.
Ashton KCJ solicitors can also assist in the following areas:
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