Lasting Powers of Attorney
Helping You With Lasting Powers of Attorney
The Wills and Estates team at Fraser Dawbarns LLP will be happy to assist you with Lasting Powers of Attorney (LPA).
Putting in place a Power of Attorney enables a person chosen by you to deal with your affairs in circumstances where you are not able to. This may simply be because you are going to be out of the country for an extended period of time and documents will need to be signed during that period. Alternatively, you may wish to have a Power of Attorney in place in case you are not able to make decisions about your affairs because of incapacitating illness or loss of mental capacity.
Do I Need a Solicitor?
It is possible to draw up your own Lasting Powers of Attorney but this can potentially present problems. A solicitor is duty bound to ensure that you are not being placed under any pressure to create the Lasting Powers of Attorney and can make sure that your wishes are carried out exactly.
By instructing a solicitor you can be assured that your Power of Attorney will serve your best interests.
The Different Lasting Powers of Attorney
There a number of different types of Lasting Powers of Attorney which are explained in more detail below.
- Lasting Powers of Attorney Health and Welfare
- Lasting Powers of Attorney Property and Financial Affairs
- Commercial Lasting Powers of Attorney
Lasting Powers of Attorney Health and Welfare
A Lasting Power of Attorney Health and Welfare can allow you to appoint one or more people to make decisions about your health and care if you are unable to make those decisions yourself.
The types of decisions can include all those things we take for granted such as our diet and daily dress, through to bigger decisions like where we are to live and what type of care we might receive. In the most serious of cases your Attorneys, if you so choose, may have the power to decide whether or not to give or refuse consent to life-sustaining treatment on your behalf.
Lasting Powers of Attorney Property and Financial Affairs
A professionally drafted Lasting Powers of Attorney can ensure the people or person you trust the most can manage your financial affairs for your benefit, should you lack the mental capacity to do so.
Your Attorneys can protect your assets when you are at your most vulnerable and make sure your best interests are taken care of. By taking the time to prepare a Lasting Power of Attorney you can tailor the provisions to suit your specific circumstances.
Your Attorney will have the authority, subject to any restrictions you might wish to impose, to:
- Buy and sell property on your behalf.
- Manage your investments.
- Deal with your pensions and other sources of income.
- Make sure all of your bills and liabilities are paid.
Commercial Lasting Powers of Attorney
You may consider creating an Lasting Powers of Attorney that deals specifically with your business interest. Whether you are a partner of a business or the director of a limited company, your Commercial LPA will make sure your business continues to run smoothly in the event that you should become unexpectedly incapacitated. If you find yourself in this position without an LPA in place, your business could suffer tremendously, putting strain on your family, business partners, and colleagues. This could affect payment of wages, contracts may not be able to entered into and creditors might not be able to be paid.
A commercial LPA is different to a personal LPA. The people you appoint under a Personal Power of Attorney might not be the same as those you would appoint under a Commercial Power of Attorney. For instance, you may not think it suitable to appoint a relative or a friend, but rather someone who knows your business and has the requisite experience and expertise to make proper business decisions.
Keeping Your Documents Safe
Once you have finalised your Lasting Powers of Attorney, it is essential to keep it safe and to tell your executor or a close friend or family member where it is. At Fraser Dawbarns, our clients benefit from a free storage service so they can be sure that after making their LPA, it will be kept safe. As well as storing your original documents for you, we will send you a copy.
Other Related Services
Making a Will
Making a Will allows you to specify what will happen to your assets on your death. Arranging to make a Will as well as an LPA means that you can go into later life assured that your interests are being protected, whatever is around the corner. Find out more about Making a Will.
Court of Protection
When a person has been assessed as lacking mental capacity and does not have in place an appropriate Lasting Power of Attorney, the Court of Protection will often become involved. Fraser Dawbarns offers specialist advice and services relating to issues concerning an individual’s mental capacity and the associated proceedings at the Court of Protection. Find out more about our Court of Protection services.
Attorney and Deputy Disputes
If a dispute has arisen regarding a Power of Attorney, and you would like help with this issue see our Power of Attorney Disputes service page.
Emma was so friendly, informative and guided me all the way through my difficult 2.5 year process. Highly recommend.Client - Kings Lynn Office
Why Choose Fraser Dawbarns to Help You?
We offer a confidential and personalised service and are one of the largest and most well-established firms in the region. We care about our clients and will use our extensive legal expertise to give you total peace of mind that everything will be in order after your death.
We will advise you about everything from what to include in your Will, to setting up trusts and the potential effect of Inheritance Tax on your estate.
We offer a choice of pricing options to our clients. By offering the choice between undertaking work on either a fixed fee basis or at an hourly rate, we give you the freedom to pick the pricing option that best suits you.
Free Initial Consultation
We are happy to meet with you for a free of charge consultation. This will help us to understand your circumstances, find out what matters most to you and provide an estimate of the costs involved.
Giving you Total Peace of Mind
With offices in Wisbech, King’s Lynn, Downham Market, March and Ely we are close by if an urgent issue arises or if you need to sign something at short notice. If you need us to make a home or hospital visit, we will be pleased to come and see you.
If you would like any further advice on making a Will or any related issues, get in touch now and see how we can help you.
Contact Us Today
Our team will help you from the beginning of your case to the end, giving you total peace of mind. If you would like friendly, client focused advice on a wide range of legal issues, get in touch and see how we can help you.
Call or email us today and find out how we can make your life easier.