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.
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.
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.
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.
You can appoint anyone you trust, such as a family member, friend, or professional. They must be over 18 and capable of making decisions.
An LPA must be completed and registered with the Office of the Public Guardian. We can guide you through the process.
There are registration fees with the Office of the Public Guardian, and solicitor fees may vary. Contact us for details.
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.