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Lasting Powers of Attorney Solicitors

Everyone should think about making a Lasting Power of Attorney, whether or not they are approaching old age. By appointing someone you love and trust to be your Attorney, you can rest assured that your welfare will always be looked after, no matter what the future brings.

At Whiskers Solicitors, we help individuals in Harlow and Epping, Essex and Bishop’s Stortford, Hertfordshire plan for the future. We will combine legal expertise with a warm, practical service to ensure your best interests are protected, no matter how complex your personal circumstances.

You can use a Lasting Power of Attorney (LPA) to give a loved one (or loved ones) legal permission to make decisions about your financial affairs and/or health and welfare in case you lose the mental capacity to make your own decisions – for example, due to dementia, old age or an injury.

Without an LPA in place, your loved ones will find it difficult to support you if needed because most care providers and organisations (such as banks) will not deal with anyone who does not have legal authorisation to act on your behalf.

To speak with one of our expert Lasting Power of Attorney solicitors, get in touch with:

How our Lasting Power of Attorney Solicitors can help you

Our expertise covers both Property and Financial Affairs LPAs and Health and Welfare LPAs.

We will ensure your LPA document:

  • Is legally valid and registered for use immediately or in the future
  • Fully complies with your wishes
  • Precisely details the extent of your Attorneys’ duties and responsibilities

We also provide advice to Attorneys on making decisions (or helping their loved ones make decisions where possible) if and when the time comes.

We understand that thinking about a future where you need extra support can be upsetting. For example, many of our clients come to us after they have been diagnosed with a condition such as dementia. Therefore, we will approach your matter thoughtfully and with sensitivity to make the experience as simple and stress-free as possible.

We can also provide advice and support where an Enduring Power of Attorney (EPA) is already in place.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (often just referred to as an LPA) is a legal document you can make to authorise someone to make decisions on your behalf. Typically, people make an LPA for use after they have lost their mental capacity, but a Property and Financial Affairs LPA can also be used while you have capacity so long as it is registered.

Reasons people lose their mental capacity include:

  • A brain illness such as Alzheimer’s
  • A medical condition such as a stroke
  • A brain injury
  • A serious mental health issue
  • Old age

There are two types of LPA:

  • Property and Financial Affairs Lasting Power of Attorney – can authorise someone to do things like:
    • Pay your bills and manage your bank accounts
    • Pay your rent or mortgage
    • Manage your pension and benefits
    • Manage your investments
    • Sell your property
    • Give gifts on your behalf
    • Apply to court to make a Statutory Will
  • Health and Welfare Lasting Power of Attorney – can authorise someone to make decisions about things like:
    • Your daily routine
    • Where you live
    • Your medical treatment
    • Your day-to-day care

You can appoint someone to be either or both types of Attorney.

Why is it important to make a Lasting Power of Attorney?

You could save your loved ones a lot of time, expense and stress by putting an LPA in place.

It is not pleasant to think about losing the ability to make our own decisions. But unfortunately, we cannot predict where life will take us and we cannot count on reaching old age without needing extra support due to injury or illness.

Many people assume that their partner or close relatives will be able to help them manage their finances and care. However, without a Lasting Power of Attorney to give them legal permission, it is likely they will not be allowed to do important things like manage your bank accounts or arrange your care. If they want to make these decisions for you, they will be forced to apply to the Court of Protection for a Deputyship Order which is a long, difficult process.

What is the difference between a Lasting Power of Attorney and an Enduring Power of Attorney?

Lasting Powers of Attorney replaced Enduring Powers of Attorney (EPAs) in 2007, however, all valid EPAs made before 1 October 2007 can still be used.

EPAs are similar to LPAs with a few key differences:

  • Attorneys appointed under EPAs can only make decisions about financial affairs
  • Once registered at the Office of the Public Guardian, an LPA can be used while you still have capacity (so long as you give permission) and also once you have lost your mental capacity.
  • EPAs only have to be registered once you have lost your mental capacity. An unregistered EPA can be used while you still have mental capacity as long as no restriction is in place.

If you already have an EPA but you would like to update your wishes and make an LPA instead, please get in touch with our team of friendly solicitors and we will be happy to help.

Why choose our LPA solicitors?

We are a team of friendly, local solicitors with a wealth of experience across lifetime planning matters. Based across three offices in Harlow, Epping and Bishop’s Stortford, our clients come to us for our expertise and warm, welcoming approach. Here are a few reasons to consider instructing us:

  • Recognised legal knowledge – we firmly believe in maintaining the highest quality service for our clients. Amongst our team, Gerry Smith is a member of STEP (the Society of Trust & Estate Practitioners) and Liz Middleton is a member of the Law Society’s Private Client Section.
  • Swift and efficient turnaround – the quicker your LPA is in place, the sooner you and your loved ones can relax knowing that your future is safe. We will act quickly to get your LPA resolved whilst maintaining precise attention to detail. This includes applying to register the document at the Office of the Public Guardian so you can start using it straightaway if you wish.
  • An expert member of our team by your side at all times – we pride ourselves on providing a bespoke service to every one of our clients. You will be assigned a personal lawyer who will provide regular updates and act as your first point of contact if you have any questions.
  • Welcoming and inclusive environment – we aim to make our legal services accessible for all, regardless of personal circumstances. So, if you have any disabilities or individual needs, please get in touch for a confidential discussion about how we can adapt our services for you. We are happy to provide home visits when necessary.

Get in touch with our Lasting Power of Attorney solicitors in Harlow, Epping and Bishop’s Stortford

To speak with one of our expert Lasting Power of Attorney solicitors, get in touch with: