Lasting Powers of Attorney - MLP Law

Lasting Powers of Attorney

Plan Today, Secure Tomorrow.

Lasting Powers of Attorney give people you trust the ability to make decisions on your behalf if you lose capacity and are unable to make those decisions.

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    There are two types of Lasting Powers of Attorney health and welfare and property and financial affairs. Having Lasting Powers of Attorney to outline your preferences and designate a trusted person to act on your behalf provides peace of mind. It can also alleviate stress and uncertainty for your loved ones during difficult times.

    Request a consultation with one of our experienced lawyers to discuss how we can help you make Lasting Powers of Attorney to maintain control over your affairs if you lose capacity

    Request a consultation

    Our team can provide personalised advice on preparing Lasting Powers of Attorney to suit your circumstances. Whether your requirements are straightforward or complex, or you have business interests, we can ensure you have the correct
    Lasting Powers of Attorney in place.

    Doris Raggatt and Jane Hunter

    Our services include:

    • Creating Lasting Powers of Attorney for your health and welfare and property and financial affairs
    • Creating Lasting Powers of Attorney for your business interests
    • Acting as a professional attorney for you
    • Preparing detailed instructions for your attorneys on your preferences
    • Creating a Living Will or advanced decision
    • Acting as your Certificate Provider
    • Registering your Lasting Powers of Attorney or Enduing Powers of Attorney
    • Advising you on your role as an attorney under a Lasting Power of Attorney or Enduring Power of Attorney

    Our Approach

    Our lawyers understand the specific requirements for
    creating Lasting Powers of Attorney.

    We can guide you through the decision-making process,
    helping you understand the implications of various
    choices and ensuring that the Lasting Powers of Attorney are customised to meet your specific needs and preferences.

    We can provide you with the peace of mind that the
    Lasting Powers of Attorney are properly completed and
    executed to avoid any issues in the future.

    Testimonial

    Samantha Kennedy was very professional whilst at the same time displaying excellent communication skills and given the fact that my aunt was elderly, dealt with the whole process, according to protocol whilst at the same time being sensitive and attentive to my aunt’s needs and situation. Very impressive!

    Michele

    FAQs

    1. What is the process of making Lasting Powers of Attorney?

      You will have an initial telephone, face to face or Zoom appointment with one of our lawyers, who will discuss your circumstances and your requirements for your Lasting Powers of Attorney.

      Following the initial meeting, your lawyer will then prepare draft Lasting Powers of Attorney for your approval, and will discuss the draft Lasting Powers of Attorney with you to ensure you understand the contents.

      Once the Lasting Powers of Attorney have been approved, your lawyer will then arrange to meet you to sign your Lasting Powers of Attorney or arrange for the Lasting Powers of Attorney to be sent to you to be signed at home, along with instructions on how to correctly execute the documents.

      Your lawyer will then arrange for your attorneys to sign their relevant pages of your Lasting Powers of Attorney.

      Once the Lasting Powers of Attorney have been checked to ensure that they have been signed and completed correctly, they will then be submitted to the Office of the Public Guardian for registration.

      The Office of the Public Guardian will then return the registered Lasting Powers of Attorney to your lawyer, who will then arrange to send you certified copies and place the originals in our storage facility.

    2. What happens if I lose capacity without making Lasting Powers of Attorney?

      If you lose capacity without having Lasting Powers of Attorney in place, this can cause many problems for your loved ones. Decisions relating to your health and welfare will be decided by medical professionals, which may be against the wishes of your loved ones. Your loved ones will also be unable to access your bank accounts and sell your property if funds need to be raised to pay for your care.

      Your loved ones may need to apply to The Court of Protection for a deputyship order to enable them to obtain the authority to make decisions relating to your health and welfare and property and financial affairs. Deputyship applications can be very costly and time-consuming and once appointed, are annually monitored by the Court of Protection.

    3. What do I need to think about before making Lasting Powers of Attorney?

      We recommend considering who you trust to appoint as your attorneys in advance of your meeting. You should appoint people who you trust to act in your best interests should you be unable to make your own decisions.

      You should also consider for the Lasting Power of Attorney for health and welfare whether you wish to provide your attorneys with any guidance on decisions they may need to make on your behalf.

    4. I’m acting as an attorney and I am having a disagreement with the other attorneys, what can I do??

      We understand this is a really difficult situation, as all of the attorneys can believe they are acting in the best interests of their loved one.

      We would suggest meeting with all the attorneys to try and come to a resolution, however, if this is unsuccessful, you can instruct a lawyer to attend a meeting with all of the attorneys to help mitigate the conflict and help the attorneys all come to an agreement.

      If you are concerned about any fraudulent behavior you can get in touch with The Office of the Public Guardian directly, and this link should provide you with more information: https://www.gov.uk/report-concern-about-attorney-deputy-guardian
      If you would like assistance dealing with an attorney who you believe is acting wrongfully, please do get in touch and we can discuss this with you.

    5. Can my attorney’s use the Lasting Power of Attorney before I lose capacity?

      Your attorneys cannot use your health and welfare Lasting Power of Attorney unless you have lost capacity. However, for the property and financial affairs Lasting Power of Attorney, you have the option when creating the document to either give your attorneys the power to act as soon as it is registered, regardless of whether or not you have lost capacity, or only when you have lost capacity.

    Speak to us to see
    how we can help

    0161 926 1535

    Why choose the mlplaw team?

    • Unparalleled Expertise and Experience

    We are vastly experienced, Legal-500 recommended Wills, Trusts, and Probate experts.

    We achieve successful outcomes for our clients and help them to navigate the complexities of Private Client law.

    Our team includes STEP-qualified lawyers, the highest level of qualification for a Wills, Trusts, and Probate practitioner, and all of our lawyers are members of Solicitors for the Elderly.

    • Your family, your service

    Your family is unique, as are the challenges it faces. That’s why our approach is all about crafting bespoke strategies that fit your specific needs.

    Whether your personal and financial circumstances are straightforward or complex, we can plan and implement effective solutions to achieve the best outcome for you.

    • In your corner from start to finish

    You need someone in your corner who knows you and your situation inside and out. As seasoned experts, we stand by your side from the moment you need us to the conclusion and beyond, representing you and supporting you along the way.

    • We don’t like legal jargon

    Communication is key. We use clear, plain English to explain the law and legal processes to you.

    We are transparent about our costs, offering fixed fees and preparing pricing options for you to choose from, so you are never caught off guard.

    • What our clients say…

    Our Wills, Trusts & Probate lawyers have over 50 reviews on Review Solicitors, demonstrating their commitment to providing excellent service. Here are some short testimonials:

    “Excellent, professional and friendly”

    “Extremely knowledgeable and helpful”

    “Supportive, efficient and effective”

    “Communication and approach was first class”


      Request a consultation

      Simply complete the form and a member of our team will be in touch




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