Lasting Power of Attorney Solicitors in Manchester

A Lasting Power of Attorney can be beneficial for any adult who wants to plan ahead and retain control over who would make decisions on their behalf if they were unable to do so themselves. While many people choose to make one as they get older, an LPA isn't only intended for later life. Illness, injury or unexpected changes in circumstances can affect anyone, making it worthwhile to consider putting arrangements in place regardless of your age or circumstances.

Creating an LPA while you have mental capacity gives you greater control over future decision-making and allows you to decide in advance who you trust to act on your behalf if the need arises. Rather than being something to think about only when problems occur, many people choose to put an LPA in place as part of their wider future planning.

The right type of LPA depends on the decisions you want someone to be able to make on your behalf. A Property and Financial Affairs Lasting Power of Attorney covers decisions relating to your finances and property, while a Health and Welfare Lasting Power of Attorney allows decisions to be made about your care, medical treatment and personal welfare. Many people choose to create both types of LPA so that arrangements are in place for different aspects of their lives – our Lasting Power of Attorney solicitors in Manchester can explain the differences and help you decide which option, or combination of options, best reflects your circumstances and wishes.

Your attorney should be someone you trust to act in your best interests and make decisions in accordance with your wishes. This is often a spouse, partner, close family member or trusted friend, although you can appoint any suitable person who meets the legal requirements.
In most cases, your attorney must be aged 18 or over. If you're creating a Property and Financial Affairs Lasting Power of Attorney, anyone you appoint as an attorney must not be bankrupt or subject to a debt relief order. You can appoint more than one attorney, in addition to nominating replacement attorneys in case one of your original choices is no longer able or willing to fulfil the role.

Choosing an attorney is one of the most important decisions you'll make when creating a Lasting Power of Attorney. It's important to appoint someone you trust to respect your wishes, act responsibly and make decisions in your best interests should they ever need to act on your behalf. You may also want to consider whether they're willing to take on the role, whether they're capable of managing the responsibilities involved and whether they'll be able to work with any other attorneys you've appointed. 

The overall timescale will depend on how quickly the paperwork is prepared and signed, together with the processing times at the Office of the Public Guardian. Registration times can vary depending on demand and whether any issues arise during the application process. At Farleys, our specialist Lasting Power of Attorney solicitors in Manchester will work to ensure the documentation has been completed correctly before it's submitted and advise you on the current registration timescales.

Once a Lasting Power of Attorney has been registered, you can't amend the existing document. If your circumstances change – for example, if you wish to appoint a different attorney or update your instructions – you'll generally need to create a new LPA, provided you still have the mental capacity to do so.

For this reason, it's important to consider your choices carefully before the document is completed and registered. If you're unsure about the arrangements you want to put in place, seeking legal advice can help ensure your LPA accurately reflects your current wishes.

If you lose mental capacity without a valid Lasting Power of Attorney in place, the people closest to you won't automatically have the legal authority to make certain decisions on your behalf. This can make it more difficult for family members to manage your finances or make important decisions about your care and welfare.

Depending on the circumstances, it may be necessary for someone to apply to the Court of Protection for legal authority to act on your behalf. This process can take time and may involve additional costs – creating an LPA in advance allows you to decide who you would like to act for you, rather than leaving arrangements to be made at a later stage.

No. A Lasting Power of Attorney must first be registered with the Office of the Public Guardian before it can be used. 

Once registered, when it can be used depends on the type of LPA you've created. A Property and Financial Affairs Lasting Power of Attorney can be used while you still have mental capacity if you choose, whereas a Health and Welfare Lasting Power of Attorney can only be used when you're no longer able to make the relevant decisions yourself.

Yes, you can cancel your Lasting Power of Attorney at any time as long as you still have the mental capacity to make that decision. There is a formal legal process for doing this, and it's important to ensure the appropriate steps are followed so that everyone involved is aware that the LPA is no longer valid.

If you're considering revoking an LPA because your circumstances have changed, our Lasting Power of Attorney solicitors in Manchester can also advise you on whether creating a new LPA would be appropriate.

While there's no legal requirement to have a solicitor when creating a Lasting Power of Attorney, an LPA is an important legal document, and it's essential that it's completed correctly and accurately reflects your wishes. A solicitor can explain the legal implications of the decisions you're making, help you understand the options available, identify any potential issues before the application is submitted and ensure the documentation complies with the relevant legal requirements. 

Although they're often discussed together, a Lasting Power of Attorney and a Will serve very different purposes. A Lasting Power of Attorney allows someone you trust to make decisions on your behalf during your lifetime if you're unable to make those decisions yourself. In comparison, a Will sets out how you would like your estate to be administered and distributed after your death.

Having one document in place doesn't replace the need for the other. Many people choose to prepare both as part of their wider planning, ensuring arrangements are in place both during their lifetime and after their death.