Lasting Powers of Attorney

We are specialists in dealing with Lasting Powers of Attorney which are legal documents where a person gives another person or persons (the Attorneys) power to sign and conduct legal formalities and make other decisions on their behalf.

Lasting Powers of Attorney

We are specialists in dealing with Lasting Powers of Attorney which are legal documents where a person gives another person or persons (the Attorneys) power to sign and conduct legal formalities and make other decisions on their behalf.

 you should take great care in choosing your Attorneys.​

They should be trustworthy and have applicable skills to make the decisions that you are entrusting to them. You can appoint more than one Attorney to act together or separately. There are formalities to the completion of a Lasting Power of Attorney and it must be signed by you and your Attorney and witnessed. In addition, someone else must certify that you understand the nature and scope of the Lasting Power of Attorney and have not been unduly pressured in to making the power.

The Lasting Power of Attorney must then be registered with the Office of Public Guardian before it can be used.

A Financial Lasting Power of Attorney can be used before you lose the mental ability to deal with your own finances but also if you later lack the capacity to make financial decisions yourself. A Personal Welfare Lasting Power of Attorney can only be used if you lack mental capacity to make welfare or medical decisions. Existing Enduring Powers of Attorney made before 1 October 2007 will continue to be valid but only apply to your property and affairs. If you wish someone to have authority over your health or welfare you will need to make a Welfare Lasting Power of Attorney.

If a person lacks the mental capacity to enter into a Lasting Power of Attorney then the alternative is a Deputyship Order. This was known until recently as a Court of Protection Receivership Order. This is where the court to decide who should be their receiver and deal with their affairs under the guidance of the court, which could involve the person’s assets being paid into court. We are also experienced in dealing with these applications.

We offer fixed fees for dealing with Lasting Powers of Attorney, with local home or hospital visits free of charge in cases of infirmity.
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The two types of Lasting Powers of Attorney:​

Property & Affairs Lasting Power of Attorney

  • This allows your attorney to have authority to deal with property and finances as you direct. This give the capacity to include or exclude each area of your finances and tailor instructions accordingly.

Personal Welfare Lasting Power of Attorney​

  • This allows your attorney to make welfare and healthcare decisions on your behalf when you no longer have the mental capacity to do so yourself. If you wish this could include giving or refusing consent to life sustaining treatment in certain circumstances.

By entrusting BJ McKenna and Co with your matter, we assume the role of Personal Representative, handling all associated duties on your behalf. You can rest assured that a skilled professional will safeguard your best interests throughout the process.

​If you have any questions, please don’t hesitate to reach out.

By entrusting BJ McKenna and Co with your matter, we assume the role of Personal Representative, handling all associated duties on your behalf. You can rest assured that a skilled professional will safeguard your best interests throughout the process.

​If you have any questions, please don’t hesitate to reach out.

STILL GOT QUESTIONS?

Frequently Asked Questions

 What is a Lasting Power of Attorney?

An LPA is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you lose mental capacity.

Are there different types of LPAs?

Yes, there are two types:
- Property and Financial Affairs LPA: Covers decisions about your finances and property.
​- Health and Welfare LPA: Covers decisions about your health and care.

 Why should I make an LPA?

An LPA ensures your affairs are managed by someone you trust if you are unable to make decisions yourself. Without one, your family may face delays and legal hurdles to act on your behalf.

 Who can I appoint as my attorney?

You can appoint anyone you trust, such as a family member, friend, or professional. They must be over 18 and capable of making decisions.

 How do I set up an LPA?

An LPA must be completed and registered with the Office of the Public Guardian. We can guide you through the process.

 How much does it cost to set up an LPA?

There are registration fees with the Office of the Public Guardian, and solicitor fees may vary. Contact us for details.

Find Us

Heaton Moor
4 Moorside Rd, Heaton Moor,
Stockport
SK4 4DT

​Heaton Chapel
335 Wellington Road North,
Heaton Chapel,
Stockport, SK4 4QG

BJ McKenna is part of the McHale Group with multiple office locations offering full-service support
© BJ McKenna & Co Solicitors 2008 - 2025 - Solicitors Stockport, Heaton Chapel, Heaton Mersey, Reddish, Offerton & Marple
B J McKenna & Co Solicitors is a trading name of B J McKenna & Co Solicitors LLP. The term partner is used to refer to a member of the LLP.
B J McKenna & Co Solicitors LLP is a Limited Liability Partnership registered in England and Wales Number OC376377.
Registered office: 335 Wellington Road North, Heaton Chapel, Stockport, SK4 4QG where a list of members of the LLP is available for inspection.
​Authorised and regulated by the Solicitors Regulation Authority www.sra.org.uk SRA Number: 570089.