Lasting Power of Attorney Solicitors
If an individual sadly loses their mental capacity, they will no longer be able to deal with their financial and or health affairs. Such circumstances can be extremely challenging for that person and the people close to them. In these situations, our Lasting Power of Attorney Solicitors can offer sensitive and constructive legal support.
Where a person would like to prepare for a time in the future where they may no longer possess mental capacity, that person can put a Lasting Power of Attorney in place. If a time later comes when this individual (legally termed the donor) can no longer make their own decisions, their appointed Attorney can make these choices for them.
There are two types of Lasting Power of Attorney, a Health and Welfare LPA and a Property and Financial Affairs LPA. In many situations, an individual will need to appoint someone to act as both types of Attorney.
Our lawyers at Rollits can offer legal guidance in many ways, to include:
- Assisting people who are acting as Attorneys
- Helping individuals to put a Lasting Power of Attorney in place
- Lasting Power of Attorney Disputes
- Court of Protection legal support
Get in touch with our Lasting Power of Attorney solicitors in Hull and York
To discuss our LPA service, please get in touch with our specialist Lasting Power of Attorney solicitors in Hull and York. We support clients in Yorkshire and the surrounding area, as well as nationally and internationally.
Call us in Hull on 01482 323239. Alternatively, you can fill in our contact form and one of our expert solicitors will get back to you.
Our Lasting Power of Attorney Service
Legal support for Attorneys
If you are acting as an Attorney for your loved one, you may require legal assistance, to help you navigate your new role. Our specialist solicitors can help you to understand the obligations of your role, so that you can perform the tasks necessary.
We can provide a range of support for Attorneys, including:
- Helping you to interpret the provisions and restrictions associated with the LPA
- Offering legal recommendations on financial matters (for those acting as Property and Financial Affairs Attorneys)
- Legal guidance to help you handle a person’s healthcare matters (for those acting as Health & Wealth fare Attorneys)
To gain support with your legal duties today, please contact our Lasting Power of Attorney solicitors in Hull and York.
Lasting Power of Attorney
When you create an LPA you can make certain that, if there does come a time where you cannot manage your affairs, one of your loved ones will have the legal power to manage your health and or financial matters for you.
Our solicitors can assist you to create an LPA that adequately reflects your wishes, and the support that you may require in the future. Our team will ensure to learn your preferences and any concerns, making sure that your Attorney will only ever be able to take actions that suit your wishes.
Court of Protection
If a person does not have a Lasting Power of Attorney, that individual will not be able to create one unless they still have mental capacity.
Where the individual in question does not have mental capacity, one of their loved one’s will need to apply to gain deputyship via the Court of Protection. Once appointed as a Deputy, this person will be able to make certain key decisions on behalf of the person who lacks mental capacity (referred to as the donor). The authority that the Deputy gains will be based on the individual’s needs.
Power of Attorney Disputes
Handling the finances and health matters of another person is not without challenges, and where issues do arise, our expert solicitors can help.
Our Lasting Power of Attorney Solicitors in Hull can assist with all manner of disputes, including:
- Disputes about whether an LPA is valid, for instance, concerns that a person was coerced into creating an LPA, or where the Lasting Power of Attorney is invalid
- Where loved ones have concerns that the Attorney is not making decisions that are best for the donor, for instance, ill-judged financial choices, or healthcare choices that do not represent the donor’s wishes
- Where the donor’s loved ones would like to challenge the appointment of their Attorney
If you are facing an LPA dispute, and require legal support, please contact our Lasting Power of Attorney solicitors at Rollits. As experts in power of attorney law, we can assist you no matter the complexity of your case.
Frequently asked questions about Lasting Powers of Attorney
A Lasting Power of Attorney (LPA) is a type of legal document, used to appoint a trusted Attorney, usually a family member, on behalf of a person who can no longer make their own decisions due to physical or mental incapacity.
There are two different types of Lasting Power of Attorney, these include:
This type of Attorney has the legal authority to handle the donor’s financial affairs, for instance, managing their accounts, paying their bills, purchasing, or selling property, or investment decisions.
This type of Attorney has the permission to make certain health and welfare decisions on behalf of the donor, such decisions might concern daily care, living arrangements and medical treatment.
A Power Of Attorney refers to a legal document, used to appoint an Attorney to temporarily make important decisions on behalf of another person, for example financial decisions. A Power of Attorney is used where a person still has mental capacity, yet needs temporary support with their affairs (for example due to a hospital stay).
On the other hand, when you create a Lasting Power of Attorney, your Attorney will only have the power to handle your health and or financial matters if you lose mental capacity, or decide that you no longer wish to make your own decisions regarding these matters. An LPA is a intended as a long term arrangement, as opposed to shorter term.
A Lasting Power of Attorney gives an appointed Attorney the legal jurisdiction to make decisions on behalf of the person who appointed them, usually a loved one. If there comes a time where the person (the donor) can no longer make their own important decisions, the Attorney has the power to handle matters for them.
The decisions that an Attorney can make on behalf of the donor depend on what type of LPA has been put in place, whether a Health and Welfare LPA or a Property and Financial Affairs LPA, as well as any specific conditions that the donor chose when setting up the LPA.
Choosing a Power of Attorney is an important decision, those setting up an LPA are well advised to consider the following when making a choice:
- It is vital that you choose a person who you can fully trust, remembering that this person will manage your health and or financial matters (depending on the attorney type)
- You should be confident that the person is competent to make important decisions on your behalf, including potential complex medical and financial decisions
- You should closely consider your relationship with your potential Attorney; you’ll need to be sure that they can make decisions with your best interests in mind
- The person should be financially responsible, with a good financial track record
Where a Lasting Power of Attorney is set up, the LPA is no longer valid once the donor passes away, the Attorney will need to report the donor’s death by contacting the Office of the Public Guardian.
Our Lasting Power of Attorney Fees
At Rollits, we believe our legal fees should reflect the outstanding quality of service we offer to clients across Hull and York, as well as regionally, nationally and internationally. To ensure that our clients understand their legal fees, we are transparent from the very beginning.
What we charge for our legal fees is based on your personal situation, such as the level of legal expertise and support required from our solicitors. For many LPA matters, we are able to offer fixed fees, however, our competitive hourly rate may be more appropriate to some circumstances.
To discuss our Lasting Power of Attorney fees, please don’t hesitate to get in touch with our solicitors using the contact details below.
Get in touch with our Lasting Power of Attorney solicitors in Hull and York
To discuss our LPA service, please get in touch with our specialist Lasting Power of Attorney solicitors in Hull and York. We support clients in Yorkshire and the surrounding area, as well as nationally and internationally.
Call us in Hull on 01482 323239. Alternatively, you can fill in our contact form and one of our expert solicitors will get back to you.