Powers of Attorney Solicitors

There may come a time when you are unable to make decisions independently or communicate them clearly. It’s a wise idea to think ahead and create a Power of Attorney now, since this will significantly streamline matters when that situation arises.

With the help of a Power of Attorney (POA), you can designate someone as your “attorney” to act on your behalf when making choices.

Merriman Solicitors have served the areas of Marlborough and Wiltshire for over 250 years, providing clear legal advice, including help and support with Lasting Powers of Attorney. 

We have a team of friendly, experienced and approachable solicitors who will ensure you have an LPA that has your best interests at heart. If you need any legal guidance or further information, you can either contact us by filling out the contact us form or call us on 01672 515846. 

What is lasting power of attorney (LPA)?

A Lasting Power of Attorney is a legal document that can be used to make decisions regarding your health and welfare and/or financial matters. The LPA gives your chosen Attorney(s) the power to make decisions on your behalf if you are unable to do so yourself, due to infirmity, mental incapacity, illness, or absence abroad.

LPAs replaced Enduring Powers of Attorney in October 2007 following the introduction of the Mental Capacity Act 2005. However, existing Enduring Powers of Attorney remain valid. LPAs are completed while the person still has mental capacity and they cannot be used before they have  been registered with the Office of the Public Guardian.  

What’s the Difference between Enduring and Lasting Powers of Attorney?

• Before October 1, 2007,  Enduring Powers of Attorney operated instead of Lasting Powers of Attorney (LPA). EPAs created before this date remain legally valid. 
• LPAs are registered immediately following their creation, while EPAs required registration upon the donor losing mental capacity. 
• LPAs empower individuals to make extensive decisions, including healthcare and lifestyle choices, whereas EPAs may limit decision-making authority. 
• LPAs streamline the process without needing court approval, whereas EPAs may involve court processes, causing delays. 
• Activation of LPAs requires a witness, ensuring transparency, whereas EPAs may skip this step.
• LPAs can designate authority to just one person for clarity, whereas EPAs may assign power to multiple parties. 
• LPAs cover living arrangements and medical treatments comprehensively, whereas EPAs may have limitations in these areas. 
• LPAs require registration for legal validity, unlike EPAs, which are valid upon signing. Understanding these differences is crucial for effective future planning.

What Are The Two Types of Lasting Power of Attorney?

Health and Welfare

A Health and Welfare LPA is a legal document that gives the attorneys the authority to make choices about your care, where you live, and who should visit you on your behalf in the event that you cannot make the decision yourself. 

It includes an Advance Directive where you can select an option to either give or to not give your Attorney(s) authority to consent or to refuse life sustaining treatment. 

Decisions that the attorney can make on behalf of you in health and welfare are

• Decisions on medical treatment
• Where you’ll live
• Who you should have contact with 

Without a Health and Welfare LPA, social workers could be appointed by the court to make decisions in place of your preferred family members, which could result in delays.

Furthermore, the LPA also allows you to choose to designate a replacement attorney in the event of death or  refusal to act. 

Property and Financial Affairs 

If you struggle to fill out paperwork, use email, or have physical difficulties going to the bank, an LPA may be very helpful in managing other daily services. Even if the individual providing the powers no longer has the capacity, LPAs may still exist.

Decisions that the attorney can make on behalf of you in property and finance are:

• allowing an attorney to make decisions about paying bills
• dealing with the bank
• collecting benefits
• selling your house 

Attorneys are bound by Mental Capacity guiding principles and are overseen by the Office of the Public Guardian, ensuring decisions are made in the donor’s best interests. With LPAs in place, individuals can rest assured that their affairs are handled with care and according to their wishes.

How Merriman Solicitors can help?

Our knowledgeable solicitors at Merriman Solicitors will walk you through the process and will offer specialised Lasting Power of Attorney guidance. 

In addition to providing advice on safeguarding your loved one’s capacity to handle their affairs and make future plans, we are here to discuss the establishment of a Lasting Power of Attorney. If you need legal advice about making a Lasting Power of Attorney, or any related matter, don’t hesitate to contact any member of our team of solicitors or fill out the contact form 

Let us assist you in easing your worries about your future welfare and financial administration

How much does lasting power of attorney cost?