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    Personalised LPAs to put your mind at ease

    At Birchall Blackburn Law, our specialist lawyers can prepare LPAs that will cater for your specific needs and wishes. We can also advise on safeguards to include in your LPA. By asking the right questions, we ensure that your LPA is tailored to your own personal circumstances.

    Our team act as professional attorneys for many of our clients, providing the level of assistance appropriate to the individual’s wishes and capacity. When the time comes, we advise our clients’ attorneys if they need to act under the power of attorney. We’re also able to assist with registering Enduring Powers of Attorney.

    Wills & Inheritance Quality Scheme and The Association of Lifetime Lawyers (ALL)

    We are proud to be members of the Law Society’s Wills & Inheritance Quality Scheme (WIQS), a prestigious mark of high quality which requires us to provide enhanced standards of expertise, client care and service. Some individual members of our team also have additional specialist qualifications as members of respected professional bodies such as: the Society of Trust & Estate Practitioners (STEP), The Association of Lifetime Lawyers (ALL) and the Law Society’s Private Client Section.

    Types of LPA and other questions

    • What is an LPA?

      A Lasting Power of Attorney (LPA) is a legal document that lets you to plan for the future by giving someone (your attorney or attorneys) authority to make certain decisions on your behalf.

      A professionally drafted LPA provides reassurance that your finances and/or healthcare will be taken care of by someone you know, and trust, should there be a time when you are not able to make important decisions about these matters yourself.

    • What are the different types of LPA?

      There are two types of LPA:

      • Property and Financial Affairs LPA: gives your attorney authority to deal with your property and finances
      • Health and Welfare LPA: gives your attorney authority to deal with health, welfare and care decisions such as medical treatment, or where you want to live. If you specifically authorise it, this can even extend to making decisions about giving or refusing life-sustaining treatment.

       

      Both types of LPA give your attorney authority to make decisions on your behalf if you lose capacity to do so for yourself.  However, an important difference between the two types is that a Health and Welfare LPA can only be used after you lose capacity, whereas the Property and Financial Affairs LPA can also, if you wish, be used by your attorney whilst you still have full capacity. This can be helpful if you should need short-term assistance at any time, such as with taking care of your finances whilst you are in hospital, or even whilst you take an extended holiday.

    • Who can make a Lasting Power of Attorney?

      To make an LPA you need to be over 18 years of age and have sufficient mental capacity to do so.

    • Can I make a Lasting Power of Attorney after being diagnosed with dementia?

      It is often possible to make an LPA even after receiving a diagnosis of dementia, especially in the early stages of the condition. In these circumstances, however, we usually recommend that you instruct us to obtain a certificate of capacity from a suitably qualified medical expert to safeguard you against any future allegation that your new LPA is invalid due to lack of understanding.

    • How many attorneys can I have?

      You can appoint as many attorneys as you wish. Generally, people appoint between one and four. But please note that, if you only appoint one attorney, your LPA will end if they die or become permanently unable or unwilling to act for you, so you should consider also appointing a replacement so you have another trusted person who can step in if that should happen.

    • How long does a Lasting Power of Attorney last?

      An LPA lasts for your whole lifetime unless you revoke (cancel) it.

    • Is there a central record of Lasting Powers of Attorney?

      Yes. Before an LPA of either type can be used, it has to be registered with the Office of the Public Guardian. We attend to this on your behalf as part of our standard service.

    • How much does it cost to make a Lasting Power of Attorney?

      The cost depends on the complexity of the work required. After a no-obligation discussion of your wishes and circumstances, we will explain the likely costs and, if required, provide information about the available funding options.

      We will always provide a detailed cost estimate in writing at the outset. This will include our costs for registering your LPA at the Office of the Public Guardian (OPG).

      The OPG charges an application fee, currently £82.00, to register an LPA. You may be exempt from paying this fee in certain circumstances and we will advise on whether this applies to you.

    • Can I continue to look after my own affairs after signing an LPA?

      Yes, absolutely. You can continue to manage your own affairs for as long as you have the capacity to do so.

    • I have an Enduring Power of Attorney. Is it still valid or do I need to make an LPA?

      An Enduring Power of Attorney, validly made before 1st October 2007, can still be used but only in respect of your property and financial affairs. If you wish to also give authority for your health and welfare, you will need to make a Health and Welfare LPA as well.

    • What happens if I don’t have a power of attorney?

      If you lack the capacity to make a decision, then it may be necessary for someone to apply to the Court of Protection for a deputyship order. A deputyship order appoints another person to make decisions on your behalf. However, the application process is intrusive, costly and time-consuming and, most importantly, you will not be able to choose who is appointed.

    • Why go to Birchall Blackburn Law for a Lasting Power of Attorney?

      Our legal experts have many years of experience in advising on LPAs and the enduring powers of attorney that came before them. We will discuss your particular wishes and family circumstances before advising on the many ways an LPA can help to protect you and your family.

      We understand that the process can be daunting, but our friendly team will guide you sympathetically and sensitively through the entire process. We will complete the necessary paperwork for you and keep you regularly updated along the way.

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    - Did you know?

    There are two types of Lasting Powers of Attorney: A Property and Financial Affairs LPA and a Health and Welfare LPA.

    Hear it from our clients

    M. Weafer

    Very helpful, attentive, kind and patient.

    CJ

    Very satisfied.

    MJ Hiles

    Everything went well. I felt comfortable talking to the staff.

    AD

    Very good service.

    T. Wood

    All good.

    P. Holt

    Her bedside manner was excellent.

    D. Thursfield

    Inspired confidence

    S. Wilson

    Extremely efficient service.  I was apprehensive about making a Will but Jessica guided me through everything – she explained everything and gave me space to ask any questions.  Would use her again.

    Let's start the conversation

    Give yourself peace of mind with an LPA today. Drop us an email, give us a call or request a callback at a time that suits you.

    0800 614 722
    enquiries@birchallblackburn.co.uk
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