LEEDS OFFICE 
Trading as Avery Walters Ellis Solicitors 
 
HARROGATE OFFICE 
Trading as Powell Eddison Solicitors 
 

Planning for the future 

Have you thought about what would happen if you were unable to make decisions about your property and finances or your health and welfare? 
 
Unfortunately, we don’t know what is around the corner, and none of us can guarantee our physical and mental capacity for the rest of our lives. 
 
An incapacitating illness, accident or otherwise could happen to anyone, at any time, without warning. 
 
The older we get the more likely it may be to suffer from illness, immobility or falls. However, Lasting Powers of Attorney are not just for the elderly and can assist in cases of sporting accidents, sudden heart attacks and many other situations. 
 
A Lasting Power of Attorney is a legal document that allows you to appoint trusted individuals to manage your property and finances and health and welfare. These documents are largely to assist if you became incapacitated mentally. However, in terms of the Property and Financial document, your attorneys can use the document to manage your affairs with your consent. This means it can be used if you travel extensively overseas, suffer from mobility problems, or simply want some of the stress taking away from your day to day life. 
 
Putting a Lasting Power of Attorney in place offers security and peace of mind to you and your loved ones and enables you to put in place a contingency plan. 
 
Without a Lasting Power of Attorney, your loved ones may find it difficult to manage your affairs may need to apply to the Court of Protection for permission to manage your property and finances, which can take a long time, and be expensive. 

Types of Lasting Powers of Attorney (or LPA) 

There are two types of Lasting Power of Attorney; Property and Financial Affairs and Health and Welfare. 
 
A Property and Financial Affairs LPA allows you to appoint trusted individuals to manage your property, whether it is residential or buy to let, maintain property, sell property, sign cheques, manage your bank accounts and investments and speak to people like utility companies. 
 
A Health and Welfare LPA allows you to appoint trusted individuals to make decisions about medical treatments including treatments that would sustain your life, where you might live, who visits you and other general welfare decisions such as where you go. 
 
Each document is independent of the other meaning you can set them up separately and at different times if you prefer. It also means that you can appoint different people to manage your property and finances, and your health and welfare. You can also have multiple powers of attorney. For example, you could put in place one Property and Financial LPA to enable close family members to manage your personal assets and another to enable your business partner to manage your business assets. 

Powers of Attorney Process 

How do you put a Lasting Power of Attorney in place? 
 
Our experienced team can sit down with you for an initial no obligation consultation to explain the two types of Lasting Powers of Attorney, the benefits and the process. Once we understand your requirements and aims the process is very straightforward. 
 
Step One -  
Contact us online, by telephone or email to arrange an initial no obligation consultation. 
 
Step Two - 
We will meet with you to discuss your requirements and provide advice and guidance. Please bring your identification documents to this meeting. 
 
Step Three -  
We swill write out to you to confirm what we have discussed, provide a quote for our services in writing and request any missing information we need to draft your Lasting Powers of Attorney. 
 
Step Four - 
Sign and send back our letter of engagement to confirm that you would like us to draft your Lasting Powers of Attorney. 
 
Step Five - 
We will prepare your Lasting Powers of Attorney. If you need this done quickly due to a holiday, illness or otherwise please let us know and we can expedite the drafting process. 
 
Step Six - 
We will invite you in for an appointment to discuss your Lasting Powers of Attorney in full. Any amendments you require can be made then and then and we will answer any questions you may have. Your Lasting Powers of Attorney can then be signed. We will take payment for the work carried out at this meeting. 
 
Step Seven - 
We will write out to your attorneys and ask them to sign the relevant sections of the document. 
 
Step Eight - 
We will then register your Lasting Powers of Attorney with the Office of the Public Guardian. 
 
Step Nine - 
Once we have received the registered documentation, we will write to you with reference numbers and copies of your Lasting Powers of Attorney. We will store your original Lasting Powers of Attorney in our fire proof cabinets and electronically, free of charge. 

Advance decisions, Advance directives and Living Wills 

You may have heard of Advance decisions which are also known as Advance directives or Living Wills. 
These are documents that you can put in place to record your wishes about treatments. 
 
In our experience these documents are not commonly used and tend to be used by those who have particular religious beliefs or are suffering from a terminal illness and therefore know what sort of treatments they would like to refuse. 
 
These documents have largely been replaced by Health and Welfare Lasting Powers of Attorney. However, the different is that Advance decisions are decisions made by you, and Lasting Powers of Attorney give the authority to your attorneys to make decisions on your behalf. 
 
Therefore, it is important to discuss with your family and loved ones what your instructions are to ensure your wishes will be carried out. 
 
Nicola Troyna  
Private Client Solicitor 
 
Phone: 0113 200 7480 
 
Email: nt@averywalters.com 
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