We aim to give you, and those closest to you, peace of mind when it comes to the future. This includes putting in place arrangements for the unfortunate event that you are unable to manage your own affairs in the future due to a mental impairment, such as dementia, or suffering a stroke.This can be in the form of a legal document known as a Lasting Power of Attorney (LPA), which allows you to give someone you trust the power to deal with your financial affairs, and/or make decisions about your health and personal welfare, if you are unable to do so. This person or people are known as attorneys. LPAs can only be made while you are of sound mind, so our advice is that you begin the process of preparing these as early as possible. The best time would be to prepare these at the same time as your will.
Alternatively, if you do not prepare LPAs and unfortunately suffer from a mental impairment leaving you unable to manage your affairs, the only alternative is to apply for a Deputyship Order, which will allow a person or people known as deputies to be appointed to assist with your property and financial matters. In some cases, the deputies can make health and welfare decisions on your behalf. However, unlike LPAs, you will not have control over who is appointed on your behalf and the extent of their power. These decisions will be made by the Court of Protection on application. On this basis, it is preferable to make LPAs to ensure you remain in control of such decisions.
We also offer the service of acting as professional deputies and attorneys for those without close family and friends. This is a bespoke service tailored to the incapacitated person’s needs. However, it will generally include a regular review of the person’s living accommodation, finances, and general welfare.
Registration of Enduring Powers of Attorney
Whilst it is no longer possible to make a new Enduring Power of Attorney (EPA), those created before 30th September 2007 are still valid.
Unlike LPAs, EPAs do not need to be registered in order to be used by the attorney. They do however need to be registered if the person who gave the power has been rendered unable to manage their affairs due to a mental impairment. Fosters can help with registering EPAs on behalf of the attorneys to enable the attorney to continue using them.
Recognised and recommended
Our Wills, Trusts & Probate team are recommended in The Legal 500 UK for their strong private client practice across our three branches. Partner and head of department, Lisa Glynne is also recognised as a ‘Leading Individual’ in the rankings.