Making a Lasting Power of Attorney allows you to choose who will help you make decisions about your life at a time when you may need this help. There are two types of Lasting Power of Attorney (LPA). One type lets you nominate another person or people, your attorneys, to help you make decisions about your finances. This includes decisions about your investments and house. The other type of Lasting Power of Attorney lets you ask your attorney or attorneys to make decisions about your health. This includes best interests decisions about where you should live and whether you should receive life sustaining treatment. It is not the same as an advanced decision. If you do not make a Lasting Power of Attorney and you lose mental capacity to make decisions for yourself, then a deputy will need to be appointed by the Court of Protection.
Sometimes there can be disagreements in families as to how a Lasting Power of Attorney should operate, what powers the attorney should have, who should be an attorney and how it was created. If this happens, it is possible that an application to the Court of Protection may need to be made, so that the Court of Protection can decide how the Lasting Power of Attorney should work. Our team are very experienced at dealing with such disputes and aim to try and resolve matters without having to engage in lengthy and expensive Court of Protection proceedings.
Our expert team includes solicitors that work closely with the Office of the Public Guardian, who supervise attorneys regarding changes to Lasting Powers of Attorney and how they are made.