Are you concerned that failing health may leave you incapable of managing your own finances and general wellbeing? We can help.
If you lost the ability to make your own decisions tomorrow, who would pay your bills, manage your bank accounts or decide on your medical care? Without a Lasting Power of Attorney in place, the answer is nobody, at least not without a lengthy and expensive application to the Court of Protection.
A Lasting Power of Attorney is the document that prevents that. Our solicitors in Chelmsford and Leigh-on-Sea prepare and register LPAs for individuals, couples and families across Essex.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (“LPA”) is a legal document that lets you appoint one or more people you trust, known as your Attorneys, to make decisions on your behalf if you are unable to make them yourself.
An LPA lets you choose three things: which decisions can be made for you, who makes them, and how you want those people to reach them.
LPAs must follow particular procedures and formalities to be valid. Unlike a General Power of Attorney, an LPA is not automatically revoked if you lose mental capacity, which is precisely the point at which most people need one. You can draw up an LPA at any time while you still have mental capacity, but your Attorneys cannot use it until it has been registered with the Office of the Public Guardian.
An LPA is only valid if you had the mental capacity to set it up and were not put under any pressure to create it.
The two types of Lasting Power of Attorney
There are two types. You can make one or both, but each has to be registered separately.
Property and Financial Affairs LPA
This allows your Attorney to handle money and property matters, including:
- Managing your bank accounts and investments
- Buying and selling property
- Paying your mortgage, bills and arranging repairs
- Claiming your pension and benefits on your behalf
Lasting Power of Attorney
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A Property and Financial Affairs LPA can be used while you still have mental capacity, if you choose to allow it. That makes it useful well before any question of incapacity arises. If you look after an elderly relative, you will know that while you can help with most day-to-day tasks, banks and building societies will not let you manage their financial affairs, which usually means they have to attend in person. An LPA solves that without taking away any of their ability to manage their own affairs when they want to. Your Attorney must keep accounts and keep their money separate from yours. That gives you an extra layer of protection, and if you later lose capacity those records can be sent to your solicitor or another family member to continue monitoring.
Health and Welfare LPA
This gives your Attorney authority over your care and medical treatment, including:
- Where you live, whether in your own home or a care facility
- How you are cared for day to day, including diet, dress and activities
- Who you have contact with
- Your medical treatment, including life-sustaining treatment
Unlike a Property and Financial Affairs LPA, a Health and Welfare LPA can only be used once you have lost the ability to make decisions for yourself. This is the type people most often overlook, and it can matter enormously. Written wishes about your treatment carry weight with a medical team, but they are not legally binding. Families who have made their relative’s wishes clear to consultants have still found those wishes overruled. An Attorney appointed under a Health and Welfare LPA has the legal power to insist that your wishes are followed. It gives you a voice at exactly the point when you no longer have one.
Why put a Lasting Power of Attorney in place?
Who is involved in making an LPA?
How the process works with Backhouse Solicitors
- Your appointment – We’ll discuss your wishes, help you appoint your chosen Attorneys and any replacements, and ensure you understand the arrangements you’re putting in place. Most appointments take less than an hour, and your Attorneys do not need to attend.
- We prepare and you sign – We draft the LPA in line with your wishes and arrange signing.
- Registration with the Office of the Public Guardian – We submit the LPA and chase the OPG regularly for updates.
- Your LPA is ready to use – Once registered, it does not expire. If your circumstances change, you can cancel or revoke it and make a new one.
What happens if you don’t have an LPA
If you lose mental capacity without an LPA in place, your family cannot make decisions for you, however close they are. They must apply to the Court of Protection to be appointed as your Deputy. That process is slower, more expensive and more intrusive than an LPA, and it carries ongoing supervision fees and reporting duties for as long as the deputyship lasts. If you are looking into this on behalf of a relative who has already lost capacity, an LPA is unfortunately no longer an option. We can book an appointment for a parent or relative who still has capacity, but they must attend and the solicitor needs to speak with them alone. We cannot take instructions on their behalf.
Protect your future and save with a Lasting Power of Attorney and a Will
As a Will and a LPA work hand in hand to provide peace of mind for the future, it often makes sense to put both in place at the same time. If cost is a concern, our combined package can help. Because time will be saved when drafting them together, we are able to offer a discounted fee. The more protection you purchase, the more you save. To find out more, ask our team for full details when you contact us.
Download our Free Guide
If you are helping a relative consider a Lasting Power of Attorney, download our free Simple Guide to Lasting Powers of Attorney to help start the conversation.
Frequently asked questions
Why choose Backhouse Solicitors?
- We are a team of specialist solicitors. LPAs are drafted by qualified solicitors who do this work day in, day out, not by an online form.
- We have two Essex offices. Chelmsford and Leigh-on-Sea, with appointments to suit you.
- Fixed fees will be agreed upfront. No hourly billing and no surprises.
- If you are unsure, you can book a free 30-minute consultation. Ask questions before you commit to anything.
- We handle the OPG registration. We submit the application and chase it, so you are not left managing it.
- We can act as your Attorney. If no other suitable person is available, one of our solicitors can take on the role.
- Backhouse Solicitors is regulated by the Solicitors Regulation Authority, number 533174.
Our team will advise you on establishing a Lasting Power of Attorney that reflects your personal circumstances, prepare the required legal documentation, and oversee registration with the Office of the Public Guardian.
For more information please contact us to speak to one of our expert solicitors.
Tel: 01245 893400 | 01702 410880
Email: info@backhouse-solicitors.co.uk
Visit our Chelmsford office: 17 Duke Street, Chelmsford, Essex, CM1 1JU
Visit our Leigh-on-Sea office: 105 Broadway, Leigh-on-Sea, Essex, SS9 1PG
Or send us a message through the Contact Us page on this website