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Our wills, probate and trusts team can advise on your specific circumstances to find a solution which is right for you.

A power of attorney allows someone to act on your behalf for a limited time, or in relation to limited matters such as selling a property for you whilst you are abroad, while a Lasting Power of Attorney (LPA) gives people you trust the legal authority to make decisions on your behalf should you become unable to do so yourself, for example, as a result of a stroke.

There are two types of LPA. One allows you to authorise people to manage your property and financial affairs. The other allows you to authorise people to make decisions in relation to your health and welfare matters, including the power of consent to or refuse life sustaining treatment. Please have a look at our guide to LPAs for further information.

A LPA will give you peace of mind that your affairs can be looked after if you become unable to manage these yourself, and by the people you have chosen, allowing you to retain control.

If you have an old Enduring Power of Attorney (EPA), this will remain valid provided that you are happy with its provision, although this only covers your property and financial affairs. If you want to make any amendments, you will need to sign a new LPA for property and financial affairs. Should you wish to appoint someone to make health and welfare decision for you, you will need to sign a LPA for health and care decisions.

If you do not have an LPA or EPA in place and you become unable to manage your own affairs, an application will need to be made to the Court of Protection for a deputy to be appointed to make decisions on their behalf. This is a very involved, lengthy and costly process.

We provide a fixed-fee service for the preparation of LPAs. To speak to a member of our expert wills, probate and trusts team, call 0191 281 6151 or email probate@mincoffs.co.uk.

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