WHAT HAPPENS IF YOU LOSE THE ABILITY TO MANAGE YOUR AFFAIRS?
Illness or mental incapacity can affect anyone—at any age. Many assume that naming a ‘next of kin’ is enough, but legally, that person may not have the authority to make decisions on your behalf. That’s where a Lasting Power of Attorney (LPA) becomes essential.
At Greene & Greene, our specialist team of lawyers provide clear, compassionate advice to help you plan ahead. Based in Bury St Edmunds, we assist clients locally and across the country.
WHY MAKE A LASTING POWER OF ATTORNEY?
A Lasting Power of Attorney allows you (the ‘Donor’) to appoint someone you trust (the ‘Attorney’) to make decisions on your behalf if you lose capacity—or simply need help managing your affairs.
There are two types of LPA:
- Property and Financial Affairs LPA This covers decisions about your finances, including managing bank accounts, paying bills, handling investments, and buying or selling property. It can be used while you still have capacity or after it’s lost.
- Health and Welfare LPA This covers decisions about your care, living arrangements, and medical treatment—including life-sustaining treatment. It can only be used once you no longer have capacity to make these decisions yourself.
These are powerful legal documents. Our team will ensure your LPA is correctly drafted and reflects your wishes, giving you peace of mind and protecting your future.
IF THERE IS NO LPA IS IN PLACE, WHAT HAPPENS?
If someone loses capacity without an LPA, anyone can apply to the Court of Protection to be appointed as a ‘Deputy’. This process can be time-consuming and costly, and you have lost the option to choose who will be making decisions on your behalf, ultimately it is for the Court to decide who can act on your behalf.
The Court of Protection oversees decisions for individuals who lack mental capacity. Applications may be needed to:
- Appoint or remove a Deputy
- Sell property
- Make a Statutory Will
- Authorise gifts
- Remove incapacitated trustees
Our experienced solicitors guide families through these complex applications with clarity and care.
SUPPORT FOR ATTORNEYS, DEPUTIES & FAMILIES
We advise Attorneys and Deputies on their legal responsibilities and can assist with disputes or concerns. In complex or sensitive cases, our Partners can act as professional Attorneys or Deputies— especially where no suitable family member is available.
Whether you’re planning ahead or facing an urgent situation, our team is here to help.
Whilst we are based in Bury St Edmunds, we support clients nationwide. Contact us by completing the enquiry form below.
