Powers of Attorney - Tilly Bailey & Irvine

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document in a special form which allows you (the Donor) to choose someone who you trust to make decisions on your behalf about things, such as your property and affairs or personal welfare, in the future when you can no longer make those decisions yourself.

There are two forms of LPA: property and affairs, and personal welfare.

Making a Power of Attorney gives both you and your family peace of mind for the future. They’ll know what you want if anything happens to you, and you’ll know your wishes will be respected. Our solicitors have helped thousands of people make and register LPAs. We often act as attorneys too. We can provide specialist advice tailored to your specific needs and make sure your estate and welfare is protected for the future.

LPA: Personal Welfare

This covers all aspects of personal healthcare and welfare, for example:

  • Whether you continue to live in your own home, perhaps with help and support from social services or whether residential care would be more appropriate for you.
  • Day to day aspects of your personal welfare such as your diet, dress, and daily routine.
  • Giving or refusing consent to particular types of health care, including medical treatment decisions

The responsibilities listed above will directly affect you. For this reason, it is very important that the person you choose as your LPA for Health and Welfare is somebody you know and trust.

Any person over 18 with mental capacity can appoint an attorney to make decisions on their behalf if they lose capacity. You should make it known to your loved ones that you have made an LPA and tell them what personal decisions your attorney will be able to make.

Personal Welfare - lasting power of attorney
Property & affairs Lasting Power of Attorney

Property and Affairs

This covers all types of property and financial matters. This includes writing cheques on your behalf, paying bills, collecting pensions and other income. It also involves dealing with banks, building societies and other financial institutions, buying, and selling property.

You can make either or both LPAs. Because decisions may need to be made that will have financial repercussions, for example the potential cost of treatment or nursing home fees, it is likely that an LPA Personal Welfare will also be required to address the issue of payment.

Enduring Power of Attorney

It is no longer possible to create a new EPA or make any changes to an existing one. However, EPAs created before the 1st of October 2007, which have been signed by both the Donor, and the Attorney, are still valid.

You may consider replacing an unregistered EPA with a Lasting Power of Attorney Property and Affairs. To do this, you must cancel or revoke your EPA.

If you have an existing EPA which makes provision for your property and affairs, you can create an LPA - Personal Welfare - to run alongside the same. LPAs can only be used after they have registered with the Office of the Public Guardian (OPG).

Enduring Power of Attorney
Contact Tilly Bailey & Irvine

Contact Us

Because of the complexities associated with the writing of an LPA it is recommended that you consult a solicitor for guidance. Tilly Bailey & Irvine can help you create an LPA suitably tailored to your individual needs.

If you’d like to speak to a member of our team regarding Powers of Attorney, call us today to make a quick and free appointment to review your situation, or fill in an online enquiry form and someone will be in touch. 

Call: 01429 856744