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Lasting Powers of Attorney

Managing your affairs in later life can become more difficult and it is wise to nominate someone whom you trust to look after your affairs, should the time come when you become mentally or physically incapacitated.

Lasting Power of Attorney

A Lasting Power of Attorney (LPA), which replaced the Enduring Power of Attorney in 2007, enables you to choose who you would like to manage your property, financial and general affairs should you become unable to manage them yourself, and gives that person the measure of power that you define.

Your choice of Attorney can be altered at any time, but comes into play either when you choose or when your mental health declines (subject to certain safeguards imposed by the Court of Protection).

*Latest News*

For those looking to set up a Lasting Power of Attorney (LPA), there is good news as from April 1, fees have been reduced.

The Ministry of Justice is responsible for the changes where the fee for an application to register an enduring, or a Lasting Power of Attorney falls from £110 to £82.

There is further good news as the fee for a repeat application to register a LPA is being reduced from £55 to £41.

Lasting Power of Attorney and Health

The new Lasting Powers of Attorney can extend beyond dealing with your financial affairs to health and welfare matters and decisions, if you so wish.

You will also be able to place restrictions on what exactly your Attorney can deal with, such as property or restricting medical decisions.

But probably the most significant change is the requirement that a Lasting Power of Attorney must be registered with the Office of the Public Guardian before your Attorneys can act and this may take up to 14 weeks. Your Attorneys will have the power to decide on issues such as where you will live, your care and medical treatment. They may also give or refuse consent to the carrying out or continuation of medical treatment, according to your wishes, although they cannot act if you are still capable of making those decisions for yourself.

Our Lasting Power of Attorney Solicitors can advise you on:

  • The choice of Attorney or joint Attorneys
  • The level of signature or authority that is appropriate
  • Restrictions that you would like to impose
  • The duties of Attorneys 

Call or email one of our Wills and Probate solicitors to find out more:

If you'd like some helpful advice about whether you or your family members need a Lasting Power of Attorney, why not contact one of the solicitors in our Wills and Probate team in Basingstoke:

  • Caroline Wallis             01256 854637
  • Jane Erlam                   01256 854677
  • Sian Lias                      01256 854618