Everyone Needs to Make Lasting Power of Attorney

Most people assume that their spouse or close relative will have the authority to make decisions for them if they become unwell or lose mental capacity, but this is simply not the case.

Without a Lasting Power of Attorney (LPA), even close family members have no legal authority to manage your finances, to gain access to your bank accounts or to make healthcare decisions on your behalf.

At Holdens Law in Kendal and Lancaster, we are passionate about helping our clients to set up Lasting Powers of Attorney to ensure that their wishes are respected, their affairs are properly taken care of, and their life runs as smoothly as possible if something unexpected happens.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document that allows you to appoint one or more trusted people (your ‘attorneys’) to make decisions on your behalf if you become unable to do so for yourself in the future.

There are two main types of Lasting Power of Attorney:

• Property and Financial Affairs LPA – this document gives your chosen attorneys the legal authority to manage your money, pay your bills, and deal with your property, pensions and investments.

• Health and Welfare LPA – this document gives your chosen attorneys the legal authority to make decisions about your healthcare and medical treatment, enabling your attorney to express your feelings about invasive treatments or resuscitation if you are very ill. It also allows them to make decisions about your ongoing care arrangements, such as where you live.

Why do I need a Lasting Power of Attorney?

Without a Lasting Power of Attorney:

• Your family might have to apply to the Court of Protection to gain access to and control of your financial affairs, which is a slow, frustrating and costly process.

• Your bills might go unpaid, and vital decisions could be delayed.

• Medical and care decisions may be made for you by professionals who are unfamiliar with your personal wishes, especially when it comes to critical illness and end-of-life plans.

With a Lasting Power of Attorney:

• You choose in advance who you trust to make decisions for you so that your personal affairs can continue smoothly without disruption.

• You know that your decisions about finances, health and wellbeing will be respected

• You gain peace of mind knowing your loved ones won’t face unnecessary stress.

Who Needs a Lasting Power of Attorney?

Lasting Powers of Attorney aren’t just for older people; they’re useful for anyone regardless of age or health. Illness, accidents or loss of capacity can happen unexpectedly at any age, so it pays to have arrangements in place to cover any eventuality.

The Wills and Probate Team at Holdens Law have vast experience and expertise in this area and will

• Explain the numerous options and help you decide how to appoint attorneys.

• Prepare and register your Lasting Power of Attorney with the Office of the Public Guardian.

• Ensure that the documents reflect your personal circumstances and wishes, both now and for the future.

Expert Advice and Guidance from Holdens Law

We understand the sensitivity of these matters, and our team will take the time to guide you sympathetically through each step of the process with clear and sensible advice.

Making Lasting Powers of Attorney gives you peace of mind for the future. If you’d like to discuss setting them up, or you would like to review your existing arrangements, the team at Holdens Law is here to help. Give us a call on 01524 32484 (Lancaster) or 01539 720629 (Kendal) or email us at advice@holdenslaw.com

Frequently Asked Questions

Does my family need power of attorney to manage my affairs?

Yes. Lasting Powers of Attorney are required to access finances and make medical decisions.

I’m young; why do I need a Lasting Power of Attorney?

Powers of Attorney are not just for older people. Debilitating accidents and illnesses can strike at any age, so you need to be prepared.

Is it complicated to set up a Lasting Power of Attorney?

No, but you might need a qualified solicitor to help. The team at Holdens Law can walk you through the process in simple steps to ensure your LPA reflects your wishes and gives decision-making power to the people you trust.

Do I need to set up different Lasting Powers of Attorney for my medical and financial affairs?

Yes. A Property and Financial Affairs LPA covers your finances, property and pensions, while a Health and Welfare LPA covers decisions about your medical treatment and ongoing care needs.