Lasting Power of Attorney Solicitors

For peace of mind

Sorting out a lasting power of attorney(LPA) might seem like a daunting task. Our solicitors are here to guide you through each step, making it as smooth as possible so you can focus on other important matters.

At Switalskis, we aim to make the legal aspects of setting up a lasting power of attorney straightforward. Our team knows the ropes and is here to walk you through it all.

We understand that this is a significant life decision. That's why we simplify the legal talk, keep you updated, and make sure everything goes as planned.

Our Wills and Probate Services

If you’re interested in making a lasting power of attorney, feel free to call us on 0800 138 0458 or get in touch via our website.

How Switalskis can help you

When you get in touch with us, we first try to understand what you want to achieve with your lasting power of attorney. Whether it's making sure your finances are in safe hands or securing your future health and welfare decisions, we'll explain all the steps you need to take. That way, you're not left guessing about what's next.

We'll stand by you throughout the whole process, clarifying all the legal details and handling all the paperwork. We take care of the tricky legal stuff, so you can focus on your life and what's important to you. We know that everyone's situation is different, so we tailor our advice to fit your specific needs.

Choosing Switalskis means more than just hiring a legal expert; it means teaming up with people who genuinely care about your wellbeing. We make sure you're kept informed at every stage, so you can make confident decisions about your future.

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What is a lasting power of attorney?

A lasting power of attorney (LPA) is a legal document that lets you pick someone you trust to make decisions for you. This person, known as your attorney, can act on your behalf if there comes a time when you can't make decisions for yourself. This could be due to an illness, an accident or mental decline as you get older.

There are two main types of LPA: one for financial decisions and one for health and care decisions. The financial one covers things like managing your bank accounts, paying your bills, and even selling your house. The health and welfare one deals with medical treatment choices, daily routine, and where you should live if you can't decide for yourself.

Setting up an LPA gives you a safety net. It's all about planning ahead. You hope you'll never need it, but it's good to know it's there. If something does happen and you haven't set up an LPA, your loved ones might have to go through a lengthy and costly legal process just to help you out.

To create an LPA, you'll need to fill in some forms and get them registered. It's wise to get legal advice to make sure it's done properly. At Switalskis, we can help you through this process, making sure you understand each step.

Once set up, the LPA is only activated if and when you can't make decisions yourself. Until then, you carry on as normal. Having an LPA doesn't mean giving up control; it means you're prepared, come what may.

Property and financial affairs lasting power of attorney

A property and financial affairs LPA is a legal tool that lets you choose someone to manage your finances and property if you can't do it yourself anymore. This attorney has the authority to handle your money and property in a way that meets your wishes.

What can a property and affairs attorney do?

The attorney you appoint is responsible for a lot critical jobs:

Looking after your bank accounts, including opening or closing them if needed.
Your attorney can manage your tax matters. For instance, filing your tax returns and paying anything owed.
If you have investments or property, your attorney can manage those too. They can buy new investments, sell the ones you already have, or move your money around to get the best return.
The same goes for property; they can sell it, buy more or even rent it out, depending on what you've specified.

Welfare benefits and gifts

If you're entitled to any state benefits, like pensions or disability allowances, your attorney can claim these for you. They can fill out the necessary forms, provide any documents required, and make sure you receive what you're due.
They can also make gifts on your behalf, but within very strict limits. This could be birthday gifts to family members or charitable donations, in line with what you have previously gifted. However, it's important to note that there are rules around how much and to whom an attorney can give gifts on your behalf. It may be necessary to make an application to the Court of Protection before a gift can be made. You can specify your wishes and limits when setting up the LPA.

Personal welfare lasting power of attorney

An LPA for health and welfare gives someone you trust the ability to make choices about your medical treatment and everyday life. Importantly, this type of LPA will only take effect once it's officially registered and you're unable to make decisions for yourself due to illness or incapacity.

What can a health and welfare attorney do for you?

Your attorney can have a range of responsibilities including:

Deciding who and where you'll live. Whether it's staying in your own home with assistance or moving to a care facility, your attorney will make that choice based on your best interests.
Your attorney can also manage who you have contact with. This is to make sure that you're surrounded by people who are good for your wellbeing.
They can also set up any community care services you may need, like home health aides or regular medical check-ups.

Handling complaints and paperwork

If there are any issues with your care or treatment, your attorney will be responsible for raising these complaints and making sure they're sorted out.
They'll also manage any personal paperwork you have, like letters or documents that need your attention.
This includes controlling who can see your personal information, which is essential for keeping your privacy intact.

Social activities and daily care

Your attorney's role is to maintain your quality of life and make sure it is as fulfilling as possible. Their decisions could include:

What you eat and wear
Social activities
Education or training

Medical decisions

Perhaps the most sensitive area a health and welfare attorney manages is medical care. Your attorney can consent to or refuse medical exams and treatments on your behalf. There are safeguards to make sure they can only make life-altering medical decisions, like life-saving or life-prolonging treatments, if they're specifically authorised to do so in your LPA.

Who can act as an attorney?

The role of an attorney is a very important one, and while anyone can act as your attorney, that doesn’t mean they are the best person for the job. Legally they just need to be:

Over 18
Not bankrupt
Not subject to a debt relief order

However, when choosing this person you need to remember that they will make all your decisions on your behalf. This will include looking after your money, your property and more. It is important that you know they are capable and willing to carry out your wishes as requested.

If you don’t know who to choose or would prefer it was dealt with by a neutral third party, we can act as an attorney on your behalf.

Can I have more than one attorney?

You can appoint more than one attorney when setting up a lasting power of attorney. Having multiple attorneys can offer a few benefits:

Shared responsibility: managing someone's affairs can be a lot of work. Having more than one attorney can divide the labour and make it more manageable.
Checks and balances: multiple attorneys can act as a safeguard against poor or dishonest decisions. They can keep an eye on each other, which adds a layer of protection for you.
Varied skills: different people bring different strengths to the table. One attorney might be good with financial matters, while another might be better at healthcare decisions.

However, if you decide to choose this route, you'll need to specify how the attorneys should work together. There are generally two options:

Jointly: this means they have to make all decisions together. A decision can't go forward unless all attorneys agree on it. This option offers the highest level of security but can be impractical in urgent situations and the power of attorney would become unworkable should one of your attorneys be unable to act.
Jointly and severally: this allows attorneys to make decisions either together or independently. This option offers more flexibility, but it's important that your attorneys communicate well with each other to keep everything running smoothly.

You can also appoint replacement attorneys who step in if one of your original attorneys can no longer act on your behalf.

What happens if my attorney can no longer act on my behalf?

If the person you've picked as your attorney can no longer act for you, what happens next depends on how you set up your LPA.

Replacement attorney: If you named a backup or replacement attorney when you set up your LPA, then they would step in. They would take over all the duties just like the first attorney would have.
Multiple attorneys: If you had more than one attorney acting either jointly or severally, which means they can act alone or together, then the remaining attorney(s) can usually continue to act for you.
Attorneys acting jointly: If you had multiple attorneys but they were acting jointly, which means they have to agree on everything, and one can't act anymore, then the LPA generally can't be used. You'll need to make a new one.
No backup: If you haven't set up any replacement or didn't have multiple attorneys, and your only attorney can't act for you anymore, then the LPA comes to an end. You'd have to start from scratch, provided you still have the mental capacity to do so. If you don't, then it's likely that the Court of Protection might need to get involved to sort out who should take care of your affairs.

In all these cases, it's a good idea to get in touch with a legal expert to understand your options and the best way to move forward. We know this process can be confusing, but we're here to make it easier for you.

If you’re interested in making a lasting power of attorney, feel free to call us on 0800 138 0458 or get in touch via our website.

Our Lasting Power of Attorney Team

Catrin LloydDirector and Solicitor

Sharon WoodwardSenior Associate Solicitor

Linda FirthSpecialist Wills Clerk

Louise DavisSpecialist Legal Clerk

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Why Switalskis?

If you're considering setting up an LPA and need straightforward, expert advice, Switalskis is the team for you.

Clarity in complexity

Setting up an LPA can seem like a maze, but we're here to guide you through it. We answer all your questions in plain English, and keep you updated every step of the way. You'll always be in the know and can make your choices with confidence.

Empathy at every step

We understand that planning for your future or a loved one's can be emotionally taxing. That's why we listen carefully to what you need and tailor our advice to fit you. You're not just another file on our desk; you're a person making important life decisions, and we aim to make the process as easy as possible.

Expertise you can trust

When it comes to legal matters like LPAs, you need a team with the knowledge and experience to back you up. That's us. We've got a proven track record in helping people just like you make secure plans for the future.

Championing your rights

We're committed to safeguarding your rights at every turn. From our first conversation to finalising your LPA, we'll keep you well informed so you always know where you stand.

Find out how Switalskis can help you

Need help with your lasting power of attorney? Feel free to call us on 0800 1380 458 or get in touch through our website.