H Montlake & Co - Solicitors

Lasting Powers of Attorney (LPA) and Court of Protection

If you wish to pass the burden of your concerns over dealing with the family home and other money matters to your children or others, Lasting Powers of Attorney allow you to designate others to look after it for you.

There are two types of LPAs:

q A property and affairs LPA, which allows the attorney authority to deal with the donor’s property and finances, as they specify

q A welfare LPA, which allows the attorney to make welfare and health care decisions on the donor’s behalf, only when they lack mental capacity to do so themselves. This could also extend, if they wish, to giving or refusing consent to the continuation of life sustaining treatment

When can the Attorney act?

The attorney will only be able to act when the LPA has been signed by them and their attorney,certified by a person that they understand the nature and scope of the LPA and have not been unduly pressured into making the power. The certificate will alsoneedto confirm there has not been any fraud or another reason why they cannot make the power. It must then be registered with the Office of PublicGuardian before it can be used.The financial LPAcan be used both when theyhave capacity to act, as well as if they lack mental capacity to make a financialdecision. The welfare power can only be used if they lack mental capacity to make a welfare or medical decision.

Should a person no longer be able to make decisions for him or herself, and no Power of Attorney exists, an application by a loved one to the Court of Protection to be appointed as a Deputy can be made. Please contact us to discuss your requirements.

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H MONTLAKE & CO., a firm of solicitors of England and Wales

Authorised and Regulated by The Solicitors Regulation Authority - no. 67776 www.sra.org.uk

Bank House

269-275 Cranbrook Road

Ilford

Essex IG14TG
DX: 200870 Ilford 4

Email: mail@montlake.co.uk

VAT registration no. GB 246 0340 90

Tel: +44 (0)20 8532 4800
Fax: +44 (0)20 8554 6100