Lasting Powers of Attorney

Have you ever thought about what would happen if you were unable to make important decisions about your own health and welfare or were unable to look after your property and financial affairs yourself? 

For complete peace of mind it really is a good idea to have Lasting Powers of Attorney (LPA) in place as none of us can guarantee that we will remain mentally or physically capable for the rest of our lives.  This could be due to an illness or accident that has affected your mental capacity. Loss of mental capacity is also a growing issue in our society with rates of dementia alone expected to increase sharply in coming years due to an ageing population. It makes sense for you to take steps to future proof the handling of your affairs now. 

By having an LPA in place means that whoever you have chosen as your Attorneys will look after your finances, your property, your health and your welfare.

An LPA allows you to choose your Attorneys and replacement Attorneys, whether that be your spouse,  partner, children, family members or close friends, to make decisions and act on your behalf and make the best decisions for you at a time when you are unable to.

Our friendly and approachable team at Henry Hyams Solicitors can advise you on Lasting Powers of Attorney. There are two types of LPA :

Lasting Powers of Attorney  – Property and Financial Affairs

Your appointed Attorneys can use the LPA to make decisions regarding your finances eg managing bank accounts, paying bills, dealing with benefits and the sale of your house. When you still have the ability to make these decisions your Attorney must consult you to find out your wishes. If you are unable to make your own financial decisions, the LPA enables your Attorneys to make decisions for you and must always act in your best interests.

Lasting Powers of Attorney – Health and Welfare 

Your appointed Attorneys can only use this LPA to make decisions regarding your health and welfare if you have lost the ability to make these decisions yourself.

This LPA is commonly used to make decisions on where you live and for decisions relating to whether medical treatment is to be given or refused.This LPA also allows your Attorneys to consent to or refuse life-sustaining treatment on your behalf. 

Both Lasting Powers of Attorney allow you to :

• Avoid leaving problems for those who would have to manage your affairs

• Choose one or more people who you trust to be appointed as your Attorney(s) 

• Choose your Replacement Attorney(s) – in case anything happens to your appointed Attorney 

• Choose whether your Attorneys act jointly or jointly and severally  

If you lose mental capacity and you don’t have a valid lasting power of attorney someone wishing to act on your behalf may need to apply to the Court of Protection to be appointed as your ‘deputy’. This can be a lengthy and more costly process than planning ahead and making an LPA. 

We offer a fixed rate fee for the preparation, witnessing and registering of your LPA. 

• We can meet with you in person at our welcoming city centre office 

• Arrange a telephone appointment or Teams meeting to discuss your LPA requirements 

• Draft the LPA for your approval

• Send the LPA to the Office of the Public Guardian for registration 

We have been advising our clients in Leeds, Yorkshire and further afield for many years and we pride ourselves on our clear and straightforward advice. Our team are friendly and approachable.  

If you would like to know more about Lasting Power of Attorney or obtain more information on our fixed fee*,  please contact :

Nicola Hartley on 0113 3837616
n.hartley@henryhyams.com or private.client@henryhyams.com

*Fixed fee per application plus an £82 disbursement fee as set by the Office of the Public Guardian when the LPA is sent to them for registration 

For further information on Court of Protection please email cop@henryhyams.com or call 0113 2432288