Lasting Powers of Attorney

Who will stand in for you should you find yourself unwell and admitted to hospital? Are you prepared?

All of these anxieties can be quelled by getting your Lasting Powers of Attorney, or LPAS, in place. Here at Pharaoh Law, we can guide you through every step of the process and ensure that your wishes are respected and a plan is put in place should something happen to you.

There are two types of Lasting Power of Attorney. It is possible to make either or both of these Powers. 

The first type of Lasting Power of Attorney is the Property and Financial Affairs Power.

This type of Power allows the person or people whom you appoint to be your Attorney(s) to continue to run any portfolio that you may hold; in particular to use an investment manager to mange your assets. (Without specific authority in the Power, your investment manager may refuse to continue to act). Your Attorney(s) will also be able to manage your bank accounts or other investments.

The second type of Lasting Power of Attorney is the Health and Welfare Power.

This type of power allows your Attorney to obtain your medical records (subject to a specific wording in the Power); and to specify whether your Attorney(s) can make decisions in relation to life sustaining treatment. It can also provide your instructions to your Attorneys as to your wishes in relation to staying in your own home as long as possible, or indeed, if you need to enter residential care, your wishes with regard to where you would want to go.

We would always recommend that you prepare both types of Powers of Attorney if you can.

You don’t need a Solicitor to prepare a Lasting Power of Attorney for you but we would always recommend that you do.

Powers of Attorney act like an insurance policy – covering the situation where you may lose mental capacity and be unable to communicate your wishes effectively. Someone else has to ‘take up the reins’ of your life at that point. If the ‘insurance policy’ is not dealt with, a very expensive and lengthy application to the Court of Protection will be required. It is much better to sort out your affairs in advance, than to have to put the responsibility for an expensive court action on to your loved ones, in the event that you unexpectedly lose capacity. Anyone can lose capacity at any time, so this is a prudent step that can be taken by all of us.

We can also provide advice to your Attorneys (if required); as many people may not have previously acted as an Attorney, and may need some assistance when the time comes for them to play this important role

We will be glad to give you advice about Lasting Powers of Attorney or to prepare these for you.