We understand that planning for the future, and a situation where you may be unable to manage your own affairs can be a particularly difficult topic to discuss. Our dedicated team operate in an understanding manner, acting with both empathy and compassion, to ensure your wishes are sufficiently protected.
At HBW Law, we handle all aspects from preparation and drafting to registration of powers of attorney in order to alleviate the pressure this can bring to an individual, giving you the peace of mind that your affairs will be managed by someone you trust in the event you are unable to do so yourself.
Our services include advice on who can and cannot be appointed as an Attorney, in what priority you are able to appoint such individuals, and in what circumstances they may or may not be able to act.
Without a valid Power of Attorney in place, your family may face significant difficulties if you lose capacity, as they would need to apply to the Court of Protection for authority to manage your affairs. This process can be lengthy, costly and stressful at an already difficult time. By putting an LPA in place early, you can provide certainty for the future and ensure that those you trust are able to act for you when it matters most.
Types of Lasting Power of Attorney
In England and Wales there are two main types of Lasting Power of Attorney (LPA), each covering different aspects of decision-making:
1. Property and Financial Affairs LPA
This type of LPA allows your appointed attorney(s) to manage your financial matters and property on your behalf. This can include:
- Managing bank and savings accounts
- Paying bills and household expenses
- Collecting benefits, pensions, or other income
- Buying or selling property
- Managing investments or business interests
With your consent, this LPA can be used while you still have mental capacity, for example if you are abroad or simply want help managing finances. It will also continue to operate if you later lose capacity.
2. Health and Welfare LPA
A Health and Welfare LPA allows your attorney(s) to make decisions about your personal wellbeing and care, but only if you lose the capacity to make those decisions yourself. This may include:
- Medical treatment decisions
- Care arrangements (such as moving into a care home)
- Daily routine, diet, and personal care
- Life-sustaining treatment decisions (if you choose to give your attorney that authority)
Why Many People Choose Both
Many clients choose to put both types of LPA in place so that trusted individuals can manage both financial matters and personal welfare decisions if the need arises.
A Personal, Compassionate Approach
We understand that all individual’s situations and circumstances differ. Our team take the time to listen, understand your circumstances and provide advise in a sensitive, practical manner tailored to your needs. We are committed to making the process as straightforward and stress-free as possible.
