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Lasting Powers of Attorney (LPAs)

Lasting Powers of Attorney (LPAs)

Our experienced team of specialist Wills, Probate, Tax & Trusts solicitors, based in Reading, Henley-on-Thames and Wokingham, can advise you in relation to Lasting Powers of Attorney (LPAs), including on those areas below.

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What is a Lasting Power of Attorney (LPA)?

A power of attorney is a legal document where a person gives another person or persons (the attorney) authority to make certain decisions on his or her behalf. From 1 October 2007, a Lasting Power of Attorney (LPA) has replaced Enduring Powers of Attorney which remain valid but only in respect of your property and affairs. If you wish to give authority over your health and welfare you will need to make an appropriate LPA.

There are two types of LPA:

  • A property and financial affairs LPA, which allows your attorney to deal with your property and finances.
  • A health and welfare LPA, which allows your attorney to make welfare and health care decisions on your behalf, but only when you lack mental capacity to do so yourself. This could also extend, if you wish, to giving or refusing consent to the continuation of life sustaining treatment.

Your attorney

As with any power of attorney, it is an important document and you should take care whom you appoint as they should be trustworthy and have appropriate skills to make the proposed decisions. If you appoint more than one attorney, you can appoint them to always act together (jointly) or together and separately (jointly and severally). You may even appoint them to act jointly for some decisions and jointly and severally for others, although this should only be done with advice, as it may cause problems when using the power.

You may also choose to appoint a replacement attorney, should your attorney die or is otherwise unable to act for you.

When can the attorney act?

The attorney will only be able to act when the LPA has been registered. To do this, the document needs to be signed by you and your attorney(s), certified by a person (known as a ‘Certificate Provider’) whose role is to confirm that you understand the nature and scope of the LPA and have not been unduly pressured into making it. The Certificate Provider will also need to confirm there has not been any fraud and is no other reason preventing you making the power. The property and financial affairs LPA can be used both when you have the capacity to manage your own property and financial affairs, as well as if you lack mental capacity to make those financial decisions. The health and welfare power can only be used if you lack mental capacity to make a welfare or medical decision.

What happens if you have not made a LPA or EPA?

If you lack capacity to make a financial decision, then it may be necessary for an application to be made to the Court of Protection for an appropriate order, such as appointing another person to make decisions on your behalf. This is both costly and time consuming.

Most care and treatment decisions can be made on your behalf without the need for a court application and decisions will be made collaboratively by medical professionals and your loved ones. However, if you wish to avoid potential disputes you can appoint an attorney(s) to make those decisions on your behalf by making a health and welfare LPA.

Please see further information on our team of Wills, Probate, Tax & Trusts solicitors, in Reading, Henley-on-Thames and Wokingham, and our full range of services.

  • Why Choose Blandy & Blandy Solicitors?

  • LEADING REPUTATION

    We are widely acknowledged as one of the Thames Valley’s leading firms of solicitors advising on Wills and estate planning, tax & trusts, probate and estate administration, Lasting Powers of Attorney (LPAs) and Court of Protection matters, with conveniently located offices in Reading, Henley-on-Thames and Wokingham.

  • APPROACHABLE SERVICE

    Listening carefully to your needs and aims, we are committed to providing clear, practical and effective legal advice, a responsive and highly personal service and, crucially, value for money.

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    You can be reassured that in our recent annual survey, 98% of clients said that they would recommend our firm to others, while 99% rated their experience as either ‘good’ or ‘excellent’.

  • TOP RANKED FIRM

    We are one of only two firms in Reading and the only firm in Henley-on-Thames or Wokingham to be recognised as a top tier firm of private client solicitors in both of the UK’s leading guides to law firms, Chambers UK and The Legal 500, and in 2019 we were named 'Best Probate Law Firm - London/South East' at the UK Probate Research Awards.

  • A JOINED UP APPROACH

    You can rely on our specialist expertise in areas other than Wills, probate, tax & trusts, ranging family law to property, if needed.

Our Wills, Probate, Tax & Trusts Solicitors

For expert legal advice call our Wills, Probate, Tax & Trusts team
Reading 0118 951 6800 or Henley-on-Thames 01491 572 323 Wokingham 0118 951 6888

Graham Benwell

Graham Benwell

Consultant Solicitor, Wills, Probate Tax & Trusts

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Angela Bowman

Angela Bowman

Partner, Dispute Resolution - Will, Probate & Trust Disputes

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Caroline Casagranda

Caroline Casagranda

Partner, Wills, Probate Tax & Trusts

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Jonathan Gater

Jonathan Gater

Joint Managing Partner, Wills, Probate Tax & Trusts & Court of Protection

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Louise Nelson

Louise Nelson

Partner, Wills, Probate, Tax & Trusts

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Elizabeth Short

Elizabeth Short

Partner, Wills, Probate, Tax & Trusts

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Kelly Chandler

Kelly Chandler

Associate Solicitor, Wills, Probate, Tax & Trusts

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Kirsti Harvey

Kirsti Harvey

Associate Solicitor, Wills, Probate, Tax & Trusts

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Sophie Ashford

Sophie Ashford

Senior Solicitor, Wills, Probate, Tax & Trusts

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Anne Call

Anne Call

Solicitor, Wills, Probate, Tax & Trusts

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Katherine Dimmock

Katherine Dimmock

Solicitor, Wills, Probate Tax & Trusts

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Andrew Smith

Andrew Smith

Senior Solicitor, Wills, Probate, Tax & Trusts

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Sophie Stone

Sophie Stone

Solicitor, Wills, Probate, Tax & Trusts

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Sara Dalmazzo-Auckland

Sara Dalmazzo-Auckland

Senior Chartered Legal Executive, Wills, Probate, Tax & Trusts

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Charlotte Smith

Charlotte Smith

Senior Chartered Legal Executive, Wills, Probate, Tax & Trusts

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Anna Butler

Anna Butler

Senior Legal Assistant, Wills, Probate, Tax & Trusts & Court of Protection

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Rebecca Harley

Rebecca Harley

Legal Assistant, Wills, Probate Tax & Trusts

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Megan Hanrahan

Megan Hanrahan

Legal Assistant, Wills, Probate Tax & Trusts

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Aaron Khatter

Aaron Khatter

Legal Assistant, Wills, Probate Tax & Trusts

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Laura Quinn

Laura Quinn

Senior Legal Assistant, Wills, Probate Tax & Trusts

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Louise Ryan

Louise Ryan

Legal Assistant, Wills, Probate Tax & Trusts

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Emily Boorman

Emily Boorman

Trainee Solicitor

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Amber Pocock

Amber Pocock

Trainee Solicitor

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“For individuals and their families, the firm has one of the strongest private client teams in the south of England.”

Chambers HNW Guide

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The Legal 500

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Chambers HNW Guide

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The Legal 500

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Chambers HNW Guide

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The Legal 500

“We worked with Blandy & Blandy to draw up new Wills and Lasting Powers of Attorney. In both cases, our solicitor was easy to talk to and clearly explained the options, including all of the questions we asked. The whole experience was very customer friendly from start to finish. I am very happy to recommend Blandy & Blandy.”

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