Lasting Power of Attorney
LPAs for property & finance and health & welfare.
A Lasting Power of Attorney (LPA) is a legal document that allows you — the donor — to appoint one or more trusted people — your attorneys — to make decisions on your behalf if you lose mental capacity or simply find it difficult to manage your own affairs. There are two types of LPA: one covering property and financial affairs, and one covering health and welfare. Making an LPA while you still have capacity is one of the most important steps you can take to protect your future and spare your family the burden of a Court of Protection application. BW Solicitors assists clients across Ilford and London with the preparation and registration of both types of LPA.
Important Notice
Property and Financial Affairs LPA
A Property and Financial Affairs LPA authorises your attorneys to make decisions about your money, property and financial affairs. It can be used as soon as it has been registered with the Office of the Public Guardian, with your consent, or it can be restricted so that it only takes effect if you lose mental capacity. This type of LPA is invaluable for managing your finances during periods of ill health, while abroad, or in later life — and is essential protection against the loss of capacity.
- Managing bank accounts, savings and investments
- Paying bills, household expenses and care fees
- Collecting income, pensions and benefits
- Buying, selling, maintaining and letting property
- Managing tax affairs and dealing with HMRC
- Operating businesses and managing business interests
Health and Welfare LPA
A Health and Welfare LPA authorises your attorneys to make decisions about your personal welfare on your behalf — but only when you have lost the mental capacity to make those decisions yourself. This can include decisions about your day-to-day care, where you live, what you eat, what medical treatment you receive, and whether life-sustaining treatment should be continued or withdrawn. Without a Health and Welfare LPA, healthcare professionals and local authorities may make these decisions without consulting your family.
- Day-to-day personal care — diet, dress, daily routine
- Where you live — home, care home or residential placement
- Medical treatment decisions
- Life-sustaining treatment — you can specify whether you want your attorneys to have this power
- Social activities and personal relationships
- Interaction with health and social care providers
Choosing Your Attorneys and Certificate Provider
The choice of attorneys is one of the most important decisions you will make when creating an LPA. Your attorneys must be aged 18 or over, must have mental capacity, and must not be bankrupt (in the case of a Property and Financial Affairs LPA). You can appoint more than one attorney and specify whether they must act jointly (together) or jointly and severally (independently or together). An LPA also requires a certificate provider — an independent person who confirms that you understand what you are signing and are not being pressured into making the LPA. Our solicitors will advise you carefully on all these decisions.
- Choosing attorneys — trustworthy people who understand your wishes
- Joint vs joint and several appointments
- Appointing replacement attorneys in case a primary attorney cannot act
- Instructions and preferences — specific guidance for your attorneys
- The certificate provider — confirming your capacity and freedom from pressure
- Registration with the Office of the Public Guardian — required before use
Why Choose BW Solicitors?
Making an LPA is a profoundly personal decision. Our solicitors approach every LPA with care, patience and sensitivity, explaining every aspect of the document in plain English and ensuring that it reflects your exact wishes. We serve clients across Ilford, East London and Greater London, and can visit clients at home where mobility is a concern.