Lasting Power of Attorney

Many people are concerned about what will happen to them in the event that they cannot make decisions for themselves through loss of mental capacity.

With a growing elderly population, people are much more aware of the possible effects of Alzheimer’s disease, dementia, strokes and other conditions which can lead to a loss of capacity.

The Lasting Power of Attorney (LPA) is a form of power of attorney that was created by the Mental Capacity Acting 2005, the relevant provisions coming into force on 1^st October 2007.

An LPA can be used to appoint someone you trust to look after your interests if you become incapacitated mentally or physically.

There are two types of LPA:

The LPA for Property and Financial Affairs authorises someone to deal with your property and your financial affairs on your behalf. This would include being able to access your bank accounts and deal with your investments, pay bills on your behalf and, if it were ever necessary, dealing with a sale or letting of your property. The attorney has a duty, as far as is possible, to keep you informed about what they are doing on your behalf and to involve you in the decision-making process.
The LPA for Health and Welfare authorises someone to make decisions that relate to your medical care and social welfare, including where you are going to live, what type of care you receive, whether or not you should have an operation, and sometimes even whether life-sustaining treatment should be continued or stopped at a time when you are critically ill. This type of lasting power of attorney can only be used by the appointed attorney at a stage where you can no longer make these decisions for yourself.

It is possible to make either or both kinds of LPA, and we can advise on the procedure and impact of making this important step.

Court of Protection Applications

If someone suffers a serious stroke, or develops Alzheimer’s disease or something of that nature, with the result that they are then unable to deal with their financial affairs, if they do not have a lasting power of attorney in place for property and financial affairs, then an application would have to be made to the Court of Protection for a deputy to be appointed on their behalf. We are able to assist you with the application to the Court of Protection. Often just a single application is necessary for the appointment of a deputy, but if someone owns a property jointly with someone else, then a further related application may also be required so that appropriate steps regarding the property can be made.

Our Lasting Power of Attorney Team

What our Clients Say

“

We came to Rothwell & Evans following a recommendation to deal with Lorna Bowen. We certainly would recommend to others. Also, the reception staff have always been warm, helpful, in person or on the phone. Thank you Rothwell and Evans.

Sandra and Geoffrey Luckhurst

I have recommended (Rothwell and Evans) already and now am an established client, and would continue to do so in the future. Reception staff extremely helpful, courteous and polite at all times.

Susan Johnson

(I) would be pleased to recommend your service. I wish to thank you for your efficient service dealing with my late husband’s estate. It was of a great help to me, at a time when I was under great stress dealing with his death.

Mrs B Fawkes

”

Get in Contact

Your enquiry will be treated in strict confidence and sent to the most appropriate legal expert. Alternatively, if you would prefer to speak to someone about your matter, then either telephone us on one of the telephone numbers given below, or call into one of our offices in Swinton or Sale where we will be happy to arrange an initial appointment for you.

Swinton Office
The Old Brewery House,
1 Station Road,
Swinton, M27 6AH
rachaelbyrne@rothwellandevans.co.uk
Phone: 0161 794 1830
Fax: 0161 794 5423

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Sale Office
3 Claremont Road,
Sale,
M33 7DZ
SaleReception@rothwellandevans.co.uk
Phone: 0161 969 7341
Fax: 0161 969 3570