Title
LPAs for financial decisions and health and welfare

Element

A Power of Attorney is a legal document that allows an individual give authority to someone else to make decisions on their behalf and help with their affairs, if they are not in a position to do so themselves. It’s common to assume that your spouse or partner would automatically be able to handle your finances or make decisions about your health or welfare should the need arise. However, without a Power of Attorney in place, unfortunately nobody has the legal authority to do so.  

There are two main types of Lasting Power of Attorney (LPA), one of which is concerned with property and finances and the other with health and welfare. 

Lasting Power of Attorney for Financial Decisions

This will enable your attorney to assist you in buying and selling property, investing money, paying bills and the general management of your affairs, as you’ve been doing for yourself. Your attorneys can assist you while you are mentally capable of instructing them, or if you lose capacity in the future and are therefore unable to instruct or handle your affairs alone.

Lasting Power for Health and Welfare

If you have created this type of LPA, you give authority to an appointed attorney who you trust knows you wishes, to make decisions about your health, medical treatment and the care you should receive, in the event that at some point in the future you cannot make those decisions yourself. Your attorney (or attorneys) will be involved in best interest meetings with medical and care professionals regarding your health and welfare needs.

If a loved one has not created an LPA and is now in need of representation for financial or welfare decisions, you will need to apply to become a Deputy through the Court of Protection. 

The legal services provided by Prettys are designed to guide you through every aspect involved with Powers of Attorney and Court of Protection. From advising on the need for these documents all the way through to drafting and registering them with the Office of the Public Guardian, our solicitors are dedicated to delivering tailored legal support, bringing you peace of mind.

What Can We Do For You?

In relation to Court of Protection and Powers of Attorney, solicitors in our specialist Wills, Trusts and Estates services team have expertise in: 

  • The preparation of relevant documents
  • Advice to Donors and Attorneys as to use
  • Registration of Documents at the Office of the Public Guardian
  • The cancellation of a Power of Attorney
  • Removing Attorneys due to misuse or abuse
  • Applications for Deputyship for Property & Finance as well as Health & Welfare
  • Statutory Will applications
  • The appointment of new or additional Trustee applications
  • Professional Deputy appointment and the removal of Deputies
  • Assistance with the preparation of annual Deputyship reports
  • Contested Power of Attorney and Court of Protection applications 

To enquire about any of the above services, or to speak to a solicitor regarding any other aspect of Powers of Attorney and Court of Protection, contact our team today.

Why Choose Prettys?

Prettys’ solicitors act as a valued partner to those looking to create an LPA or apply to the Court of Protection. As well as offering accessible legal support whenever you need it, we deliver a first-rate client service, taking a caring and personal approach to each case.

Powers of Attorney and the Court of Protection can play an important role in safeguarding the needs of the individual it concerns. For this reason, the Prettys team take time to understand your unique circumstances and advise you on a course of action that is right for you and your loved ones.

For answers to some of the most common questions about Powers of Attorney and the Court of Protection, please scroll down to the FAQs section at the bottom of this page.

For any advice or guidance on a matter relating to Court of Protection or Powers of Attorney, lawyers in Prettys’ specialist team will be happy to help. Contact us on 01473 232121, complete our contact form or send us an email at enquiry@prettys.co.uk.

Expert
Emma Woollard
Partner
Laura Parker
Associate
Katrina Drake
Solicitor