Lasting Power Of Attorney

What is a lasting power of attorney?

A Lasting Power of Attorney (LPA) is designed to allow you (the donor) to choose an
individual (the attorney) whom you wish to take care of your affairs at a point in the future when you are no longer able to yourself.

Is that not an enduring power of attorney?

The law changed on 1 October 2007 and it introduced LPAs to replace the existing enduring powers of attorney (EPA). All EPAs that were created before 1 October 2007 will remain in force but powers of attorney entered into after that date have to be in the form of an LPA in order to be valid.
If you currently have an EPA but wish to create a LPA we recommend that you take advice.

Is there just one type of LPA?

No, there are two types of LPA. They are:

A property and affairs LPA which allows an attorney to make decisions regarding
your property and affairs including your house, your bank accounts, and your bills. However, it does not allow your attorney to make decisions concerning your personal welfare. You can allow your attorney to make these decisions even when you have mental capacity. This might be easier for you if, for example, you are out of the country for long periods of time or if you find it difficult getting to the bank.
A personal welfare LPA allows your attorney to make decisions regarding your personal welfare including your personal health and where you live. However, these decisions can only be made when you lack the mental capacity to make them for yourself; for example, you are unconscious or have a condition such as dementia.

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Who can make an LPA?

All persons over the age of 18 with full mental capacity are able to make an LPA appointing one or two attorneys.
Nobody can make an LPA on your behalf, although solicitors can help you create the LPA.

Can I make an LPA if I have got a diagnosis of dementia or alzheimers?

We specialise in LPAs for clients with failing capacity even where there is a diagnosis.
We must be satisfied that you have the capacity to understand how an LPA works but we will take as much time as you need to be sure you do.
We build in safeguards for you in this process to make sure you are making good decisions, and we will provide the necessary certificate to confirm you have capacity to grant the LPA.

Who can I appoint as my attorney(s)?

You can appoint anyone who is over the age of 18 who is willing to act for you. Attorneys do not have to be professionals such as accountants or solicitors; you can appoint family
members including your spouse or civil partner if you wish.
The person(s) you wish to appoint must not be bankrupt at the time of signing the LPA. If they become bankrupt in the future it could result in a property and affairs LPA being
cancelled if it has been registered with the Office of the Public Guardian.

What is a certificate provider?

When making your LPA it is necessary for someone to confirm that you were not under any pressure to make it and that you had full mental capacity at the time of signing the power. This person is called the certificate provider.

Who can be my certificate provider?

You can choose two types of certificate provider:

Knowledge certificate: this is someone that you have known personally for at least
two years.
Skills certification: this is someone who considers that they have the relevant
professional skills and experience to certify your LPA. Suitable skills certificate
providers include GPs, solicitors, registered social workers or independent mental
capacity advocates (MCA).

Who cannot be my certificate provider?

Persons who cannot be certificate providers include:

Members of your attorney’s family or the attorney(s) personally.
Business partners or paid employees of a care home in which you currently live.

What else should I consider when making an LPA?

LPAs are important documents and you should therefore consider the following before you make a LPA:

Do you want one or both LPAs? It is preferable to plan for the worst and have
everything in place but you may feel that you only wish your attorneys to have power over your property and affairs rather than your personal welfare and vice versa. Don’t forget that you can make a LPA at any time (so long as you have mental capacity) and both LPAs can be made independently of each other.
How well do you know your proposed attorney(s)? Attorneys will be given the same powers as you have over your affairs (unless you place restrictions in the LPA) so it is important to feel comfortable with them making decisions for you.
Do you want to give your attorney unrestricted power to handle your affairs or would you rather retain some control over your affairs? You can limit the extent of the attorney’s power over your affairs by placing conditions and restrictions in the LPA.
Should the attorneys act together or should you let them act independently Attorneys can either have the power to act jointly or jointly and severally.
Jointly:
They must all act together when making decisions and no decision can be made
unless all attorneys agree. This can be difficult, especially if the attorneys live far
apart. It also means that if one of the attorneys dies, the LPA will be cancelled.
Jointly and severally:
This means that the attorneys can make decisions individually or together. This allows for more flexibility but ensures that there is another important person responsible for looking after your affairs.
Do you want to appoint replacement attorneys Replacement attorneys are useful if, for example, one of your attorneys dies, is made bankrupt or loses mental capacity and can no longer act on your behalf. It is important to consider replacement attorneys, as your attorneys cannot appoint someone else to act in their place; this decision must be made by you. You can appoint replacement attorneys at the time that you create the LPA.

What restrictions and conditions can I put in my LPA?

Examples of a restriction for a property and affairs LPA:

The attorneys can only have a power to make decision in relation to a particular
asset/ group of assets (such as a house, set of jewellery, etc.)

Example of a restriction for a personal welfare LPA:

The attorneys only have a power to make decisions regarding where you live.
The attorneys can only make decisions regarding the giving/refusing of medical treatment. This can be further restricted to making decisions regarding the giving/refusing of life saving treatment only.

It is possible to place a condition on the LPA stating that the attorneys only have a power to act if you lose the mental capacity. This can also be used in conjunction with otherrestrictions.

Can I revoke/make changes to my lasting power of attorney?

No. You cannot make changes to your LPA once it has been signed, witnessed and certified. If you need to make changes (other than updating the contact details of your
attorneys/notified persons) you should consider making a new LPA.

What happens when I die?

When you die the LPA will no longer be valid and your attorneys will no longer be able to look after your affairs as these duties will pass to the executors of your estate.

Get in touch with our lasting power of attorney solicitors

For expert advice, get in touch with our Lasting Power of Attorney solicitors by giving us a call at your local branch or filling in our online enquiry form

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Frequently Asked Questions

What is commercial conveyancing?

Commercial conveyancing refers to the process of transferring the ownership of a property from one person to another. The commercial conveyancing process varies depending on whether you are the buyer or the seller. The procedure includes various tasks and stages
such as:

Negotiating the pre-contract conditions
Investigating the property title
Reviewing and drafting leases
Making arrangements with mortgage providers and surveyors
Drafting the sale contract
Approving the transfer deed
Working with mortgage providers and surveyors
Paying Stamp Duty
Contacting Land Registry to register the new ownership

How much does commercial conveyancing cost?

Commercial conveyancing costs vary according to the type of property and the complexity of the deal. The process includes fees such as local searches, transfer fees, land registration and solicitor fees.
To get an accurate quote, get in touch with our commercial conveyancing solicitors at Hervey Dickens Solicitors.

What does a commercial property solicitor do?

A commercial property solicitor starts off by investigating the title deeds and conducting the appropriate property searches. They draft the contracts and support buyers and sellers in negotiating. Property lawyers assist these parties with commercial property requirements such as insurance, mortgage finance, and Stamp Duty Tax.
Commercial property solicitors help buyers and sellers to exchange contracts, organise a completion date and transfer property ownership. To ensure that a commercial property transaction runs smoothly, it’s essential to gain the support of an expert.

How long does a commercial property transaction take?

A commercial property transaction should take approximately 6 and 10 weeks, however, the due diligence processes may take longer with complicated transactions.
When you work with our commercial conveyancing solicitors, we will attempt to offer an estimate of how long your transaction will take, based on the circumstances.
Contact our commercial property solicitors at Hervey Dickens Solicitors today
To discuss your legal needs today, get in touch with our commercial property conveyancing solicitors at Hervey Dickens Solicitors. You can call us on 01322 949579.
We have offices in Swanscombe and Gravesend where we can meet you to discuss your requirements.