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Wills and Probate Law

We are solicitors in London WC2 UK

Our lawyers advise on Wills, probate and lasting powers of attorney

Lasting Powers of Attorney - the new rules

What is a Lasting Power of Attorney (LPA)?

An LPA is a document by which you (the donor) gives someone else (the attorney) power to make your decisions on your behalf.

There are two types of LPA - a financial LPA and a personal welfare LPA. The financial LPA gives the attorney power to make financial decisions on your behalf, e.g. sell your house or write cheques on your bank accounts and the personal welfare LPA gives the attorney power to make personal welfare decisions on your behalf, e.g. which care home you should go to.

Aren’t they powerful documents?

The attorney is given a great deal of power over some of the most important decisions you have to make. Your choice of attorney must therefore be made very carefully. You should appoint someone you can trust to act in your best interests. But that person should also have some understanding as to how the mechanics of it work.

If you do not have anyone that you can appoint, you may like to appoint a professional who understands the legalities and duties behind the document. The partners at Ambrose Appelbe are more than happy to act on your behalf and would be happy to meet you.

Alternatively, you may like to appoint a family member together with a professional. We recommend that you appoint at least one professional in respect of a financial LPA, but that you appoint a family member in respect of a personal welfare LPA.

Executing an LPA does not mean that you cannot act in respect of your own affairs, while you are in a position to do so.

Can you appoint more than one attorney?

You can appoint more than one attorney, and you can appoint them to act both jointly, or jointly and individually, or jointly in some circumstances, and individually in others. In fact, it does make sense to have two attorneys, so that if one dies or is unable to act, the other can step into their shoes.

When do they take effect?

A personal welfare LPA can only take effect in the event of mental incapacity. You can specify when you want your financial LPA to take effect – either immediately or only in the event of mental incapacity. If it takes effect immediately, then it can be used even if you are frail, abroad or simply unable to sign the appropriate documentation needed. If it only takes effect in the event of mental incapacity, then the attorneys can only use the document once a doctor has certified that you are incapable of managing your own affairs.

All LPAs must be registered with the Office of the Public Guardian before they can be used.

To discuss your own situation or to make an appointment, contact one of the lawyers in the Private Client department, Felix Appelbe or Helen Freely on 020 7242 7000 or use the Contact Request Form.