Lasting Powers of Attorney

At Barber & Co, we know it’s important for you to stay in control of your affairs and by completing a Lasting Power of Attorney document you can decide who can make decisions on your behalf, should you be unable to make them for yourself. Our expert Lasting Power of Attorney solicitors will help guide you through the two types of Lasting Power Attorney and how the attorney(s) you choose, make decisions on your behalf.

At Barber & Co, we don’t treat clients like numbers but as individuals and partners. We are committed to the highest levels of client care and will guide you through the process of Lasting Power of Attorney. We offer this service across our three offices in Preston, Ramsbottom and Darwen.

What is Lasting Power of Attorney?

Lasting Power of Attorney is a legal document and a tool that gives someone that you trust, either a family member or otherwise, the ability to make decisions on your behalf. This is required, if in the future, you lack mental capacity, or no longer wish to make decisions for yourself. Whoever you appoint as your Attorney, will have the ability to make decisions on your behalf, on your finances and on your health and care.

Making a Lasting Power of Attorney is on an individual basis.  For couples with similar wishes, although there will be two LPA documents the LPA can ‘mirror’ each other, but this is not always the case.

Why should you organise Lasting Power of Attorney?

The Ministry of Justice has been raising awareness of the importance of LPA’s so much so they have launched a public awareness campaign called ‘Choice not Chance’ to encourage all adults to plan for the future and their family’s future.  At Barber & Co Solicitors we offer this service alongside our ‘at-home’ Will Writing and estate planning appointments.

It is essential that you set up Lasting Power of Attorney while you are still mentally able to do so. If you are injured or develop an illness that may leave you mentally incapacitated (such as Alzheimer’s disease or dementia) and do not have a Lasting Power of Attorney in place, your loved ones may have to fight a potentially long, expensive and distressing court battle to take control of your finances and to even have the power to discuss your electricity bill!

At Barber & Co, we will make drafting your Lasting Power of Attorney document as easy as possible, meaning that whoever you appoint as your attorney should avoid any unnecessary legal issues and costs.

What types of Lasting Power of Attorney are there?

There are two types of Lasting Power of Attorney:

  • Property and finance
  • Health and care

Lasting Power of Attorney: Property and Finance

Lasting Power of Attorney dealing with property and finance gives a person of your choice the ability to make financial decisions on your behalf. This can include dealing with your bank accounts, any benefits you may receive, investments and selling any property you may own. An Attorney will also be able to pay bills on your behalf.

Lasting Power of Attorney: Health and Care

Lasting Power of Attorney dealing with your health and care gives a person of your choice the ability to make health decisions and organise care arrangements on your behalf. This can include where you live, who can administer care, what food you eat and even what clothes you wear.

The main difference between the two is that financial affairs of Lasting Power of Attorney can come into force while the person still has the mental capacity, whilst health and care Lasting Power of Attorney can only come into effect when a person loses that ability.

When does Lasting Power of Attorney come into force?

You can choose when your Lasting Power Of Attorney comes into effect to an extent. You can opt for it to be used before you lose mental capacity or stipulate that it can only come to force once you lose the capacity to deal with your own affairs. However, when it comes to health and care, Lasting Power of Attorney can only come into effect once the person in question loses their mental capacity.

If you would like to talk to a solicitor about Lasting Power of Attorney contact us today.