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Lasting Power Of Attorney

A Lasting Power of Attorney is a document which allows you to select another person, or more than one person, to make decisions on your behalf in relation to your Property and Financial Affairs, or your Health and Personal Welfare, if you become unable to do so for yourself. There are two different types of Lasting Power of Attorney: Property and Finance and Health and Welfare. These are covered by two separate forms and so you can choose whether you wish to make one or both documents.

Why make a Lasting Power of Attorney?

There are many benefits to making a Lasting Power of Attorney as these can allow your most trusted friends, relatives and advisors to support you with decision making in the event that you become incapacitated in the future. A Lasting Power of Attorney authorises the people you choose to make decisions on your behalf and in your best interests. This means that your views can still be communicated and your bank accounts can continue to be accessed, should the worst happen.

A Lasting Power of Attorney is also the best environment to protect you whilst allowing those you trust to help with your affairs. It is never advisable for you to give out your bank card and PIN number, even to those you trust, and you should avoid adding third parties to your bank and savings accounts. Methods such as these can often be open to abuse and a Lasting Power of Attorney is likely to be a better option. You can make a Lasting Power of Attorney at any time when you have sufficient Mental Capacity to understand the document. It is advisable to consider making this document when you are fit and able to do so as we cannot tell what may be around the corner.

With people living longer, the chances of us all needing some form of care or support in the future is increasing and incapacity is not just something which can affect us in later life. Incapacity can occur without warning through illness, injury, accident, stroke or deterioration in mental health as well as older-age conditions such as dementia.

What decisions could be made under a Lasting Power of Attorney?

A Lasting Power of Attorney for Property and Finance can be used to make decisions such as whether or not to sell or rent out your property, making bill payments, making and selling investments for you and anything else which concerns your property and financial affairs. A Lasting Power of Attorney for Health and Welfare can be used by your Attorneys only if you have lost mental capacity. Your Attorney could make decisions about where you live, what type of care you receive, who visits you, your diet, dress and daily routine and also, decisions about medical treatment you receive. You also have the option to include authority for your Attorney to make decisions about life-sustaining treatment, should you wish them to have this authority.

Who should be my Attorney?

You should take time to carefully consider who you wish to act as your Attorney(s) before making a Lasting Power of Attorney. This is because the powers they have under the documents can be far reaching and so it is important for you to choose someone who can handle the responsibility of making decisions for you and also, someone you trust to do so. You can choose as many Attorneys as you wish to be able to act for you but you should consider the practical implications of how they will act together. You retain control over your affairs by selecting not only who will act for you, but how they are to act together and any restrictions or guidance to place on the use of the document. Consideration should also be given in relation to whether your chosen Attorneys are capable of acting together and whether they have the time to dedicate to the role. (See Acting as an Attorney or Deputy).

Talk to Tollers

For some people, it is more appropriate to consider appointing an independent person or professional, such as a Solicitor, in order to avoid family conflict and for peace of mind in knowing that someone with a wealth of knowledge and expertise is acting for you. For more information, click here to read more about Professional Attorneyship and Deputyship.

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Our Lasting Power Of Attorney Experts

Kevin Sagum
Senior Paralegal
Kevin has a master’s degree in commercial law and eight years’ experience in the Private Client sector before joining Tollers in May 2024.
Luke Halls
Paralegal
Luke Halls joined Tollers in October of 2022 as a Paralegal whilst taking a gap year between the middle and final years of his Law degree. Following the completion of his degree in May 2024, he has joined the Firm on a full time basis.
Kasia Jeziorska
Solicitor
Kasia Jeziorska qualified as a Solicitor in Trust and Estates in May 2019 having graduated from University of Northampton and completing a Legal Practice Course at University of Law.
Jade Atkins
Paralegal
Jade is a paralegal for the Corby Trusts and Estates Team. She is responsible for the administration and drafting of documents.
Jodie Clare
Trainee Solicitor
Jodie joined Tollers in August 2023 as a Paralegal and then as a Trainee Solicitor in September 2023 under the Graduate Apprentice Route.
Joanne Axisa
Associate Legal Executive
Joanne has been part of the Tollers Trusts and Estates team and is based primarily in the Northampton Office. She deals with Wills, Powers of Attorney, Estate Administration and the creation and administration of Trusts.
Michelle Gladwin
Paralegal
She then joined Tollers in April 2014 and was one of our founder members of staff in our first Stevenage Old Town office. Michelle now works as a paralegal, assisting and working alongside the two partners in our Trusts and Estates South team.
Leighanne Haskell
Paralegal
Leighanne is a paralegal working within the Trusts and Estates team, assisting James Willoughby with Estate Administration matters.
Beth Albon
Senior Paralegal
Beth started her legal career as an Apprentice in 2017. She joined Tollers in August 2022 and was promoted to a Senior Paralegal in April 2023.
Alison Taylor
Senior Paralegal
Alison joined Tollers in 2021 as a Paralegal. She now works as a Senior Paralegal and junior fee earner within the Trusts and Estates department.
Patrick Allen
Paralegal
Patrick joined Tollers in May 2022 as a Paralegal working in the Trusts and Estates department. He is also part of the Tollers CSR committee.
Molly Sullivan
Trainee Solicitor
Molly joined Tollers as a Paralegal in May 2022 just before graduating from the University of Law in Leeds with an LLB (Hons) later that year. In September 2023, Molly began her Training Contract with Tollers.
Tadala Mlasaanthu
Paralegal
Tadala Mlasaanthu joined Tollers in August of 2022 as a Paralegal responsible for the administration and drafting of documents relating to the requirements and instructions of Gabrielle Smith and Nicola Dodman’s clients.
Danielle Burgess
Solicitor
Danielle Burgess qualified as a Solicitor in March 2019, having obtained her Law degree from Coventry University.
Suzanne Evans
Senior Associate and Head of EVCU
With a wealth of experience, Suzanne has joined the team at Tollers Elderly and Vulnerable Client Unit.
Gabrielle Smith
Associate Solicitor
Kate Godber
Partner and Head of Trusts & Estates North
Kate advises individuals and families on Estate planning, Wills, Trust requirements, Estate Administration, Personal tax and Lasting Powers of Attorney...
Steve Bowers
Will Writer
Steve Joined the Trusts and Estate team at Tollers in 2018. Before this, Steve worked in the Private Clients division of a major bank, where he had worked for the past 32 years...
Sharon Brown
Partner and Head of Trusts & Estates South
Sharon offers free monthly advice clinics at Age Concern Stevenage and Garden House Hospice...
Leigh Chia
Paralegal
Leigh is a paralegal and supports the EVCU with clients who require care by assisting to create Lasting Powers of Attorney, ensuring that their funding has been correctly assessed...
Emma Wesley
Associate
Emma has been a member of our specialist Elderly and Vulnerable Client Unit (“EVCU”) since it was set up in 2013...
Kevin Sagum
Senior Paralegal
Luke Halls
Paralegal
Kasia Jeziorska
Solicitor
Jade Atkins
Paralegal
Jodie Clare
Trainee Solicitor
Joanne Axisa
Associate Legal Executive
Michelle Gladwin
Paralegal
Leighanne Haskell
Paralegal
Beth Albon
Senior Paralegal
Alison Taylor
Senior Paralegal
Patrick Allen
Paralegal
Molly Sullivan
Trainee Solicitor
Tadala Mlasaanthu
Paralegal
Danielle Burgess
Solicitor
Suzanne Evans
Senior Associate and Head of EVCU
Gabrielle Smith
Associate Solicitor
Kate Godber
Partner and Head of Trusts & Estates North
Steve Bowers
Will Writer
Sharon Brown
Partner and Head of Trusts & Estates South
Leigh Chia
Paralegal
Emma Wesley
Associate
Meet the Full Elderly And Vulnerable Clients Team

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