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Lasting Power of Attorney Solicitors in York

A Lasting Power of Attorney or LPA is a legal document giving someone the legal authority to make decisions on your behalf, should you ever become unable to do this for yourself. Our Lasting Power of Attorney solicitors in York provide guidance and representation to give you the protection you need for the future.

Without an LPA, your loved ones would not be able to handle your affairs for you if it was necessary. For example, they would not be able to pay your bills or arrange care for you if it was needed.

At Rollits, we can advise you on the two different types of LPA and make sure that you have the right documents in place to give your family the authority they need to manage your affairs.

Our advice will be clear and free of unnecessary legal jargon. We are always happy to answer questions and talk through the situation so that you understand the way in which an LPA works and the authority that you would be giving to your attorney.

Our LPA solicitors in York provide a full range of services, including the following:

Contact our Lasting Power of Attorney solicitors in York today

To speak to our York Power of Attorney solicitors about your needs and to ask any questions you may have, please feel free to give us a ring.

Call us in York on  (0)1904 625790. Alternatively, you can fill in our contact form and one of our lawyers will get back to you.

Our Lasting Power of Attorney services in York

Advice on making an LPA

If you are considering making an LPA, we can go through your options with you and draft an LPA that accurately sets out your wishes.

We can advise you on choosing one or more attorneys to represent you and go through what will be expected of them when representing you. Your attorney is required to act in your best interests at all times and to make the decisions they believe you would want them to make.

We can discuss whether it would be preferable to appoint more than one attorney. If you appoint more than one, you will need to decide whether they can act individually or whether you want them to make all decisions jointly. You can choose to have some decisions made individually and other more important decisions, for example, where you will live, made jointly.

You can also name a number of individuals whom you would like to be notified when the LPA is registered prior to use.

There are two main types of LPA available:

  • Property and financial affairs LPA; and
  • Health and welfare LPA

Advice on making a property and financial affairs LPA

A property and financial affairs LPA gives your attorney authority to deal with the following types of matters on your behalf:

  • Accessing your bank account
  • Paying bills
  • Maintaining your home
  • Renting out your home
  • Managing your investments
  • Receiving pension payments and benefits
  • Paying care home fees
  • Selling your home, should this be necessary

If you are thinking of making a property and financial affairs LPA, we can discuss the authority that you would like to give to your attorney. We will draft the LPA for you, making sure that your attorney is able to act on your behalf in the way that you want.

You can allow your attorney to use a property and financial affairs LPA while you still have the mental capacity to make your own decisions. This can be useful if you need someone to go to the bank for you or if you will be away for a while and would like your finances dealt with in your absence.

Advice on making a health and welfare LPA

A health and welfare LPA will give your attorney the right to make the following types of decisions on your behalf:

  • Where you will live
  • What your daily routine will be
  • Who you will see
  • What medical treatment you will receive and what will be refused
  • What activities you will do

Unlike a property and financial affairs LPA, a health and welfare LPA can only be used if you have lost the ability to make your own decisions.

We can discuss the options open to you and draft a health and welfare LPA on your behalf, setting out what authority you wish to give to your attorney.

Advice on making an LPA with dementia

An LPA can only be made by someone who understands the implications of signing one. However, this does not mean that someone in the early stages of dementia will not be able to make an LPA. If they have sufficient mental capacity, then they will be able to sign an LPA.

We can advise on the requirements and take steps to ensure that they have enough understanding of the process, for example, by requesting the opinion of a medical expert.

To be able to sign an LPA, the person signing, also known as the donor, must be able to:

  • Understand the consequences and implications of signing an LPA
  • Remember the information they have been given about the LPA for long enough to decide whether they should sign it
  • Be able to think about whether or not to sign and reach their own decision on this
  • Be able to communicate the decision they have reached

Certificate Provider advice

When an LPA is signed, a certificate provider will also need to sign to confirm the following:

  • That the donor has not been pressured into signing the LPA
  • That the donor understands the LPA and what it contains
  • That the donor knows what effect signing the LPA will have and the authority that their attorney will have in respect of their affairs
  • That there is no reason why the LPA should not be made

We can advise you on how to choose a certificate provider. For example, if there may be concerns over mental capacity, it may be advisable to use a mental capacity advocate or the individual’s GP. Other options include registered healthcare professionals or social workers.

We will ensure that the certificate provider acts in the correct way, for example, speaking to you on your own without your proposed attorney present, and that they are satisfied that you understand the implications of signing and have not been pressured into doing so.

Registering an LPA

Once you have signed your LPA, we can arrange for it to be registered with the Office of the Public Guardian (OPG). It is recommended that this is done as soon as the LPA has been signed, as it usually takes up to 20 weeks for the application to be processed.

Sending the registration in advance also gives you time to deal with any queries that the OPG may have.

It is not possible to use an LPA until it has been registered.

Why choose our Lasting Power of Attorney Solicitors York?

At Rollits, we have been representing clients in York and beyond for over 180 years. Our Wills and Power of Attorney solicitors have an exceptional level of expertise and legal understanding. You will find our LPA team to be understanding and approachable and we will always do all we can to provide you with the support, advice and guidance you need.

We offer exceptional service to our clients and you will find us easy to contact and always happy to talk through any concerns you have.

Our Lasting Power of Attorney fees

Our LPA fees are competitive and represent excellent value for money for the experience and service we provide. We will always make sure that you have a clear costs estimate at the outset so that you know from the start how much our services will be.

To find out more about our Lasting Power of Attorney fees, please contact our York LPA solicitors using the details below.

Get in touch with our Lasting Power of Attorney solicitors in York today

To speak to our Lasting Power of Attorney solicitors in York about your needs and to ask us any questions you may have, please feel free to give us a ring.

Call us in York on  (0)1904 625790. Alternatively, you can fill in our contact form and one of our LPA lawyers will get back to you.