Lasting Power of Attorney Solicitors in Bristol

Lyons Solicitors specialises in lasting powers of attorney, we understand the profound significance that LPAs hold in securing your future and the well-being of your loved ones.

In an ever-changing world, the need for effective legal measures to safeguard your financial, health, and personal affairs has never been more crucial.

LPAs empower individuals to designate trusted agents who can make important decisions on their behalf, should they become incapacitated due to illness, injury, or age-related factors.

These documents provide invaluable peace of mind and ensure that your wishes are respected, even in the face of unforeseen circumstances.

Our team of experienced and dedicated attorneys is here to guide you through the intricacies of creating, registering, and managing LPAs tailored to your unique needs. With a deep commitment to preserving your autonomy and dignity, we take pride in delivering personalised, compassionate, and legally sound solutions.

We are happy to see clients at any of our offices, with free parking available for clients at our Westbury on Trym and Chew Magna offices. We are also willing to arrange home visits for clients who are unable to attend our offices.

Speak to our Lasting Power of Attorney Solicitors in Bristol

We are able to offer a free first consultation to answer any questions you might have about lasting powers of attorney and help to clarify your situation.

To book a free initial consultation with our specialist lasting power of attorney solicitors in Chew Magna, Kingswood or Westbury-on-Trym and the wider Bristol area, please get in touch today.

You can use the contact details for each office or, alternatively, fill in the enquiry form on the right-hand side of the page to request a call-back.

Lasting Power of Attorney

To manage another person's affairs comprehensively a Lasting Power of Attorney is necessary. You must select someone or more than one person that you trust to handle your affairs.

You can appoint attorneys to deal with two aspects of your life, your financial affairs and your personal welfare.

Your financial affairs include paying bills on your behalf, making decisions about your house and paying for residential care.

Personal welfare allows your chosen attorney to make arrangements about the care you require and the medical care you need for your condition.

Critically, if you have chosen to state in your Lasting Power of Attorney that you do not wish to be kept alive with life-sustaining treatments, your attorney will have the power to refuse consent for treatment on your behalf.

Lasting Power of Attorney can assist you if you need help to manage your affairs and if you lose mental capacity then it takes over and your chosen attorney will make decisions in your best interest.

It is particularly valuable for people who have dementia, have been left paralysed by a severe stroke, are unconscious or have a terminal illness.

It is important to put your power of attorney in place while you are able to do so as it means that your attorney can step in if you become unwell.

Frequently asked questions about lasting powers of attorney

What is lasting power of attorney?

A Power of Attorney is a legal document that allows a named person or persons, chosen by you, to assist you in managing your affairs when you are no longer able to.

The chosen person would be able to help you with financial and property related issues ("wealth") as well as any arrangements necessary for your personal welfare ("health").

A Power of Attorney is accepted by banks, building societies, financial advisors and government departments and would enable, for example, a daughter to change direct debit arrangements with a bank for her elderly mother.

Creating a Lasting Power of Attorney involves a formal legal process, including registration with the Office of the Public Guardian.

It's crucial to choose an attorney you trust implicitly, as they will hold significant responsibility.

LPAs provide peace of mind, ensuring that a person's wishes are respected when they are no longer able to express them themselves.

It's a valuable tool for future planning and safeguarding one's interests.

How many types of lasting power of attorney are there?

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

• Property and Financial Affairs LPA: This type of LPA grants the appointed attorney(s) the authority to make decisions and manage the donor's financial affairs, including bank accounts, investments, property, and other assets. The attorney can handle tasks such as paying bills, managing investments, buying or selling property, and ensuring the donor's financial interests are protected.
• Health and Welfare LPA: The Health and Welfare LPA allows the appointed attorney(s) to make decisions on behalf of the donor concerning their healthcare, living arrangements, and medical treatment. This LPA becomes relevant if the donor lacks the mental capacity to make these decisions themselves, ensuring that their preferences for medical care and living conditions are followed.

Both types of LPAs are legally binding documents, and they serve different but equally important purposes in ensuring that an individual's interests and well-being are safeguarded when they are unable to make decisions independently.

It's essential to carefully consider both types of LPAs when engaging in future planning and appointing trusted individuals to act as attorneys.

Who can witness my lasting power of attorney?

The process of witnessing a Lasting Power of Attorney (LPA) is subject to specific legal requirements.

LPAs are legally binding documents, and the witnessing of these documents plays a crucial role in ensuring their validity. The witnessing requirements for LPAs are as follows:

1. Certificate Provider: Before the LPA is signed, it must be certified by an individual who confirms that you understand the LPA and are making it of your own free will. Typically, this individual is a professional, such as a solicitor, or someone with relevant expertise, like a doctor. They cannot be a relative or someone appointed as an attorney.
2. Witnesses: After the certificate provider has signed and certified the LPA, it must be signed by a minimum of one witness. Witnesses must be 18 years of age or older and cannot be:

• An attorney appointed in the LPA.
• A spouse, civil partner, or close family member of an attorney.
• A business partner or director of the care home where the donor lives (if applicable).

Choosing the right individuals to act as a certificate provider and witnesses is critical to ensuring that your LPA is legally valid and can be registered with the Office of the Public Guardian.

Failure to follow these witnessing requirements can result in the LPA being rejected. Therefore, it's essential to adhere to these rules when creating your LPA.

How to register a lasting power of attorney?

Registering a Lasting Power of Attorney (LPA) is a crucial step to ensure its legal validity and effectiveness when needed. Here's how to register an LPA:

1. Complete the LPA forms: First, you need to complete the relevant LPA forms, either for Property and Financial Affairs or Health and Welfare. These forms can be obtained from the Office of the Public Guardian (OPG) or online.
2. Choose your attorneys and witnesses: You must have the LPA signed and witnessed correctly. Ensure that your attorneys and witnesses meet the legal requirements, as discussed in previous answers.
3. Notify people: You should notify your attorneys and, in some cases, close family members about the LPA, as they may have the right to object to it.
4. Submit the LPA to the Office of the Public Guardian: Send the completed LPA forms, along with the registration fee, to the OPG. The registration process can take several weeks, so it's advisable to register the LPA as soon as possible.
5. Wait for registration confirmation: Once the OPG processes your LPA, they will send you a registration certificate, confirming that your LPA is legally registered and valid.
6. Start using the LPA: Your attorneys can only act on your behalf once the LPA is registered. Keep the original document safe, as you may need to provide it to institutions where your attorneys will make decisions on your behalf, such as banks or healthcare providers.

Registering an LPA ensures that your chosen attorneys can act on your behalf when necessary, providing peace of mind and safeguarding your interests in case you are unable to make decisions yourself.

Speak to our Lasting Power of Attorney Solicitors in Bristol

We are able to offer a free first consultation to answer any questions you might have about lasting powers of attorney and help to clarify your situation.

To book a free initial consultation with our specialist lasting power of attorney solicitors in Chew Magna, Kingswood or Westbury-on-Trym and the wider Bristol area, please get in touch today.

You can use the contact details for each office or, alternatively, fill in the enquiry form on the right-hand side of the page to request a call back.