Disclaimer

The information provided on this site is not legal advice but general information on issues commonly encountered when dealing with immigration and other legal matters. Pro-Visas Immigration Solicitors is not affiliated with any government (including the United Kingdom Government), We are a private Solicitors firm who are authorised and regulated by the Solicitors Regulation Authority. Pro-Visas Immigration Solicitors provide legal advice and services and opinions or recommendations to its users about their possible legal rights, legal remedies, legal defenses, legal options or legal strategies. Legal fees do not include application or Government fees that may be charged by the United Kingdom Border Agency or by any other agency or part of the United Kingdom Government. Immigration Applications forms and other legal application forms are available for free from official Government sources

Lasting Power of Attorney

What Is A Power Of Attorney?

With an ever - increasingly ageing population, more and more people will reach a stage when their physical and mental health may begin to let them down.

No- one likes to think that this will happen to them, and if it does, they assume that their spouses or children will be able to "step into their shoes" and take over dealing with their property and financial affairs and their welfare. This is not necessarily the case, if they have not made Powers of Attorney. There are three types; 

  • Ordinary Power of Attorney
  • Lasting Power of Attorney
  • Enduring Power of Attorney

This may mean that you have to look after their bank accounts, savings or investments. Maybe you will be buying or selling property on their behalf or dealing with their welfare benefits and making decisions about their personal care. The reason that someone would want to give you Power of attorney could be for a number of reasons. It maybe is that they are disabled or that they may be out of the country for a long period of time.  Or in the worst case scenario they are unable to make decisions for themselves because they have mental illness.

The way that you choose to manage someone?s affairs will differ and depend on the individual circumstances and whether they have mental capacity.

If you require someone to act for you for more than one or two issues or more complex issues you should think about making a Power of Attorney.

When someone makes a power of attorney, they appoint someone else to act on their behalf. The person making the power of attorney is called a donor and the person appointed to act on their behalf is called an attorney. The person making the Power of Attorney must be capable of making decisions for themselves. This is called mental capacity.

A power of attorney gives the attorney the legal authority to deal with third parties such as banks or the local council.

What is a Lasting Power of Attorney?

If you decide that you want someone to look after your affairs for a long period of time, you can give them a lasting power of attorney (LPA). You should make an LPA if you have been diagnosed with, or think you might develop, a condition  which might prevent you from making decisions for yourself at some time in the future.

The types of conditions which might prevent you from making decisions for yourself might be: 

  • dementia
  • mental health problems
  • brain injury
  • alcohol or drug misuse
  • the side-effects of medical treatment
  • any other illness or disability.

You must make an LPA whilst you are still capable of making decisions for yourself. This is called having mental capacity.

There are two different types of Lasting Power of Attorney (LPA): 

  • A property and financial affairs LPA
  • A personal welfare LPA.

Depending on your personal situation, you could decide to make: 

  • Only a property and financial affairs LPA
  • Only a personal welfare LPA
  • Both a property and financial affairs LPA and a personal welfare LPA.

You don't have to make both types of LPA at the same time. A property and financial affairs LPA can give someone the authority to deal with and make decisions about things like: 

  • buying or selling property
  • bank, building society and other financial accounts
  • welfare benefits or tax credits
  • tax affairs
  • debts

Power of Attorney can be given to deal with all your property and financial affairs or only certain things like buy or sell property or to be able to use your bank account. It is very important that when you are having your LPA drawn up that the attorney is very specific about what authority they have to deal with your affairs if you would like the LPA which deals with certain matters.

A property and financial affairs LPA must be registered before it can be used. However, you don't have to wait until someone loses their mental capacity before using it. A property and financial affairs LPA will come into effect as soon as it is registered. This means that the attorney will be able to start making decisions about your property and financial affairs straight away, even if you are still capable of making your own decisions. If you don't want the attorney to be able to make decisions about your affairs straight away, you should make sure that the LPA says this.The LPA must always include authority for the attorney to make decisions once the donor has lost their mental capacity.

An LPA about personal welfare can give someone authority to deal with and make decisions about things like: 

  • where you live
  • your day-to-day care, including what you wear and what you eat
  • your healthcare treatment
  • what contact, if any, you should have with certain other people
  • access to your personal information.

 

You can make a personal welfare LPA which deals with all aspects of your personal welfare, or only certain things. It's not possible to use a personal welfare LPA until the person who made it has lost their mental capacity. The LPA must be registered before it can be used.

Why Choose Us?

?             Over 14 years of Power of Attorney experience

?             One to One personal service and consulting on what your requirements are.

?             Offer home visits to those who have mobility problems

?             Power of Attorney is taken care of by the Principle Solicitor

 How Much Will It Cost?

We are very competitive on our fees and we advise that you should contact us for a free no obligation consultation. Once we understand your needs we can give you a fixed fee of our services.

What to do next?

Please call us free on  or simple fill in our Free Enquiry No Obligation Form at the top of this page and we will call you back quickly.

We will treat your enquiry as important and confidential and we will not pass your personal details to any third parties for marketing purposes. Pro-Visas Immigration Solicitors are authorised and regulated by the Solicitors Regulation Authority

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Disclaimer:

Disclaimer: The information provided on this site is not legal advice but general information on issues commonly encountered when dealing with immigration and other legal matters. Pro-Visas Immigration Solicitors is not affiliated with any government (including the United Kingdom Government), We are a private Solicitors firm who are authorised and regulated by the Solicitors Regulation Authority. Pro-Visas Immigration Solicitors provide legal advice and services and opinions or recommendations to its users about their possible legal rights, legal remedies, legal defenses, legal options or legal strategies. Legal fees do not include application or Government fees that may be charged by the United Kingdom Border Agency or by any other agency or part of the United Kingdom Government.