Assign your Power of Attorney
Providing you with an opportunity to nominate people who can make decisions on your behalf if you reach a point where you cannot. Make the right choice for your future with Brockbanks Solicitors, supporting clients across the region, from our offices in Whitehaven, Carlisle, and across Cumbria.
Understanding the purpose of a Lasting Power of Attorney
No-one wants to imagine the worst happening to them. However, failing to plan for the future could make things very tricky for the people closest to you. If you or a loved one loses mental capacity without a Lasting Power of Attorney in place, the people you trust may not be able to make important decisions on your behalf.
A Lasting Power of Attorney agreement ensures that the right people have the power they need to manage your affairs, if and when the time comes. This can ease the panic and stress in already challenging times.
Enduring Power of Attorney (EPA)
These documents are similar to standard Lasting Powers of Attorney but would have been made prior to 1st October 2007. This was when the Mental Health Act 2005 came into force. An EPA allowed the appointment of an attorney to deal with your property and affairs, but not your health and welfare. An EPA can be used before registration. Your attorney is only required to register the document with the Office of the Public Guardian in the event that you have lost (or are losing) the mental capacity to manage your own finances.
In practice, an attorney acting under an EPA will find that banks and other financial institutions are increasingly reluctant to accept the authority of an EPA until it has been registered.
Lasting Powers of Attorney (LPA)
These are legal documents that allow you (the ‘donor’) to appoint one or more people (known as ‘attorneys’). These attorneys are here to help you make decisions or to make decisions on your behalf if you were unable to. To make an LPA, you must be 18 or over and be deemed to have mental capacity. In some cases, it may be necessary for you to ask a third party, such as your GP, to confirm this. There are 2 types of LPA, and you can make one or both:
Health and welfare
Property and financial affairs
Our private client team can guide you through the process of choosing an attorney and applying for an LPA. We will also assist in registering it with the Office of the Public Guardian.Get in touch
Frequently asked questions
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that lets you (the donor) appoint one or more people you trust (your attorneys) to make decisions on your behalf if you are ever unable to. It means the right people can step in to manage your affairs when it matters most. At Brockbanks Solicitors, our private client team guides you through choosing an attorney and putting the document in place.
What are the two types of Lasting Power of Attorney?
There are two types: one for health and welfare, and one for property and financial affairs. You can make one or both, depending on what you want to cover. We’ll explain the difference clearly and help you decide which is right for your circumstances, so nothing important is left unprotected.
Who can make a Lasting Power of Attorney?
To make an LPA you must be 18 or over and have the mental capacity to understand the decision. In some cases it may help to ask a third party, such as your GP, to confirm capacity. Brockbanks Solicitors can talk you through the requirements and make sure your LPA is set up correctly from the start.
When should I set up a Power of Attorney?
It’s best to put a Power of Attorney in place while you still have full mental capacity, rather than waiting until something goes wrong. If capacity is lost without one in place, your loved ones may have to apply to the Court of Protection instead, which takes longer. Planning ahead with Brockbanks Solicitors can ease a great deal of stress for the people closest to you.
What is the difference between an LPA and an Enduring Power of Attorney?
Enduring Powers of Attorney (EPAs) are older documents made before 1 October 2007, and they cover property and affairs but not health and welfare. Existing EPAs can still be valid, though they generally need to be registered with the Office of the Public Guardian once capacity is being lost. If you hold an EPA and aren’t sure where you stand, Brockbanks Solicitors can review it and explain your options.
Does my Lasting Power of Attorney need to be registered?
Yes — a Lasting Power of Attorney must be registered with the Office of the Public Guardian before it can be used. Our private client team can handle this registration for you as part of the process. To get started, call our Whitehaven office on 08081 965462, request a callback through our website, or book a meeting at one of our offices across Cumbria.
Eager to get a Power of Attorney in place?
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