A Lasting Power of Attorney (LPA) is a crucial legal document that allows you to appoint trusted individuals to manage your financial or welfare affairs should you become unable to do so due to illness or mental incapacity.

Unlike an ordinary power of attorney, an LPA remains valid even if you lose the mental capacity to manage your affairs, ensuring that your financial and personal interests are protected.

Our team work with you to put LPAs in place that ensure your interests are protected.

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Our decisions when making an LPA

There are several important decisions to make when creating an LPA, which is why we have designed a simple and concise checklist and instruction form to help guide you through the process:

  • Who to appoint as your attorney: You need to choose one or more people to act on your behalf. You may also appoint a replacement attorney in case the original person is unable or unwilling to act.
  • Whether attorneys act together or independently: If you appoint more than one attorney, you need to decide if they will act together, together and independently, or together for some decisions and independently for others.
  • Restrictions and conditions: You may wish to place specific conditions or restrictions on the decisions your attorneys can make or set certain circumstances under which the LPA can be used.

The registration process

An LPA cannot be used until it has been officially registered with the Office of the Public Guardian.

We recommend that registration takes place immediately after the LPA is prepared. Once registered, the LPA can be stored securely, either in your own file or in our strong room, to be accessed when needed.

The certification process

To complete an LPA, a Certificate must be signed by someone who has known you for a specific period or by a professional, such as a solicitor. In certain circumstances, a medical practitioner may need to sign the certificate.

We can guide you through this process and provide further advice as needed.

Why consider a Lasting Power of Attorney?

A Lasting Power of Attorney is an essential document for anyone who wants to ensure that their affairs will be handled by trusted individuals if they become unable to manage them themselves.

It ranks second only to your Will in terms of importance when planning for the future.

We strongly recommend that all our clients consider creating an LPA to protect themselves and their loved ones.

For powers of attorney enquiries, please contact Hannah Bourke or James Baker. We can help you navigate the process and ensure your wishes are legally protected.