Choosing an Attorney for your Lasting Power of Attorney

Choosing an Attorney for your Lasting Power of Attorney

The Covid-19 pandemic has forced many of us to reevaluate our lifestyle choices, and think about the future perhaps more than we had before. Choosing an attorney to act using a Lasting Power of Attorney (LPA) is an important decision that should be given care and careful consideration. In this article, we will break down everything you need to think about when thinking about appointing an LPA attorney to hopefully make the process a little easier.

What can an LPA Attorney do?

An LPA attorney will have the ability to make decisions on your behalf. There are two types of LPAs: property and financial affairs, and health and wellbeing. Usually, we suggest that clients appoint both types of LPAs at the same time.

Once a property and financial affairs LPA has been registered with the Office of the Public Guardian (OPG), the attorney powers can come into effect, even before you lose the capacity to make decisions for yourself. A health and wellbeing LPA will only come into effect when you are no longer able to make decisions yourself. This is why it is so important to select the right person to be your LPA attorney as it will need to be someone you know you can trust. 

Who can be a lasting power of attorney?

Generally, we would advise you to appoint your grown up children, family members or close friends to be your LPA attorney. It is incredibly important that you spend time thinking about who you would like to appoint as your attorney because they will be making decisions for you.

Your attorney needs to be someone who understands you, your beliefs and the way you think. It also needs to be someone who is honest, reliable and trustworthy. The Mental Capacity Act 2005 Code of Practice also states that the person you select should have the ‘skills and ability to carry out the necessary tasks’.

Unfortunately, not everyone selects the best person to be their attorney. On rare occasions, attorneys can take advantage of the trust that has been placed in them, and it can have devastating consequences. For this reason,it isvital that you know the person you choose very well before you make your decision.

Provided you have sufficient understanding to do so, you can cancel your LPA at any time, but due to the time and cost investment in selecting an attorney, we advise you to think about your future and the long term implications before making your choice.

When is the best time to make an LPA?

Often, the best time to make an LPA is at key points in your life. For some, this may be when you turn 18, when you get married, or have children. For others, it may be when you retire. You can choose make an LPA at any time, providing you have the mental capacity to do so.

How do I choose an LPA Attorney?

At Craybeck Law, we can offer free advice on all legal matters, as well as begin the process of making an LPA and appointing a suitable LPA attorney on your behalf. We can talk you through making an LPA, the certificate provider process, and registering your LPA to ensure you are confident about the implications of your decisions. 

For more information call us on 0800 254 5262.

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Professional legal assistance - 0800 254 5262


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