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Lasting Power of Attorney

A Lasting Power of Attorney (“LPA”) is a legal document that enables a person (“the donor”) to appoint someone they trust to make certain decisions for them. The person who is appointed in this way is called an “attorney” (or attorneys) and a special form must be used in order to appoint the attorney.

A person might wish to appoint an attorney if they are worried about what would happen if they had an accident or developed a serious illness. More often, a more elderly person might wish to appoint an attorney if they are concerned about developing an illness such as dementia or suffering a stroke which might leave them incapable of managing their own affairs.

If a person loses capacity and has not appointed an attorney, it is necessary for the Court to oversee their affairs. Unfortunately, getting the court involved in this way takes time and money and it is far better and less expensive if an attorney is appointed before capacity is lost. Spouses cannot act on each others behalf automatically without an LPA.

Anyone over the age of 18 can appoint an attorney, as long as they have capacity to manage their own affairs at the time when the appointment is made.

A person can make two types of LPA:
• Property and Affairs LPA
• Personal Welfare LPA

The first type of LPA enables the attorney to make decisions regarding how the donor’s money and financial affairs are managed. The second type enables the attorney to make decisions regarding the donor’s healthcare and welfare, including the refusal to consent to medical treatment.

Is it valid immediately? No – it is important to note that neither type of LPA is valid until it is registered with the Office of the Public Guardian (“OPG”) in London, but this can be done either straight away or after the donor loses capacity.

We can also act as professional attorneys.

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Why choose Booth, Ince and Knowles?

The simple answer is that our team provide a quality service to all of our clients. Our services are truly partner-led and our people are prepared to ‘pull out all the stops’ for the benefit of our clients. We are hugely proud of our heritage and have been established in the Tameside area for over 100 years, with in-depth knowledge and familiarity of the area that is second to none. We offer sophisticated legal advice delivered in a straightforward, cost-effective and professional manner, helping to achieve the result that’s best for you.

Booth, Ince & Knowles, a name you can trust in the Tameside area.
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