Many clients have been prudent enough to make sure they have a valid, up to date Will in place to take care of their affairs after death. However what they consider less important is who will deal with their affairs whilst they are still alive should they become unable or unwilling to deal with their affairs themselves.

Many clients come to Browell Smith & Co, often too late, in an attempt to unravel problems as a result of a close family member losing capacity either because they are the member of the family who is trying to help a parent with their financial affairs or they may be the member of the family who feels excluded as a result of actions of that family member which can often raise the spectre of mistrust and suspicion in an otherwise close knit family group.
The unravelling of these problems can be an extremely costly business

The Lasting Power of Attorney (LPA) is a document which has replaced Enduring Powers on Attorney (EPA). If you have an EPA in place this is likely to still be valid. If you would like any further information about registering an Enduring Power of Attorney please contact us by clicking here, call us on our free phone number 0800 1073000 to arrange a free half hour appointment or come along to one of our weekly surgeries.

The LPA is a legal document which allows you to appoint one or a number of people you trust to manage your affairs on your behalf.

There are two types of LPA. It is possible to create either type or both if you wish.

A Property & Affairs LPA allows your Attorney(s) to make decisions on your behalf about your property and financial affairs such as paying bills, collecting income or selling your house subject to any restrictions or conditions you have placed on your attorney(s) and providing it is in your best interests.

Your attorney(s) can manage your property and affairs whilst you still have the capacity to do so if you wish. For example you may spend significant periods of time out of the country, you may have mobility problems or you may struggle to deal with Call Centres and the internet which have become such a substantial part of our lives.

A Personal Welfare LPA is one way of planning how decisions can be made on your behalf in the future. This allows your Attorneys to make decisions on your behalf about your personal welfare including giving or refusing consent for medical treatment and deciding where you live.

These decisions can only be taken on your behalf if you lack capacity to make them yourself, for example if you are unconscious or because of the onset of a condition such as dementia.

The Office of the Public Guardian supports and promotes decision making for those who lack capacity or would like to plan for their future, within the framework of the Mental Capacity Act 2005. Click here for more details.

If you would like any further information about drafting a Lasting Power of Attorney for yourself or a friend or relative please contact us by clicking here, call us on our free phone number 0800 1073000 to arrange a free half hour appointment or come along to one of our weekly surgeries.