Lasting Powers of Attorney

Lasting Powers of Attorney
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Lasting Powers of Attorney (LPA’s) were created by the Mental Capacity Act 2005 and are a way of giving someone you trust the authority to make decisions for you at a time when you are unable to due to the lack of mental capacity.

There are currently two types of LPA:-

  • Lasting Power of Attorney for Financial Decisions
  • Lasting Power of Attorney for Health and Care Decisions

Financial Decisions

A Financial Decisions LPA can be made by someone over the age of 18 to appoint someone you trust to act on your behalf in relation to the management of your financial affairs.

The LPA can be used to make decisions relating to the buying and selling of property; operating a Bank account; dealing with tax affairs; claiming benefits; pensions and investments to name but a few.

You can appoint more than one Attorney and you can give restricted powers to your Attorneys. Further, you can appoint your Attorneys so that they can either act jointly on all matters, jointly on some matters or independently of each other in relation to all or some matters.

The choice of your Attorney is your decision but you must make sure they are absolutely trustworthy. If you appoint a sole Attorney then the risk of abuse is greater and you may therefore consider a joint appointment is more advisable.

The LPA cannot be used to all until it has been registered with the Office of the Public Guardian (OPG). The OPG currently charge a fee of £110 to deal with the registration. We recommend that you register your LPA as soon as possible after it has been signed and completed other, when it is needed, your Attorneys will not be able to use it for some weeks until they have gone through the registration process.

Health and Care Decisions

A Health and Care decision LPA can be used to make decisions about where you should live, consenting to or refusing medical treatment on you behalf and day to day care, including diet and dress when you no longer have the ability or capacity to make these decisions for yourself.

The appointment of your Attorneys should be considered very carefully as this document is a very powerful one. Appointing Attorneys under this LPA means that they will have the legal power to deal with all personal aspects of your day to day life.

A Health and Care decision LPA can only be used once you no longer have the mental capacity. Therefore you will have no influence or part in the decisions made about your personal welfare.

You can appoint more than one Attorney and in addition you can give restricted powers to your Attorneys. You can also place restrictions or conditions on your Attorneys to give them guidance on what you would have wanted if you had to make the decision yourself.

Our team who can help you

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Catherine was born in Rochester and educated at Fort Pitt Grammar School. After graduating from her LLB Honours Degree from University in London she moved to York to study professional qualifications at The College of Law.

After leaving York Catherine moved to Deal to start her training with the firm in 1996 and qualified in 1998. She was made a Partner in 2002 and continues to enjoy serving the local community of Deal and Sandwich.

Catherine has settled in Deal and has a strong commitment to Kent, having grown up and lived in the County for the most part of her life. She has a particular interest in the continued existence and growth of small businesses in East Kent which provides essential support and economic stability to local communities. Catherine is the Managing Partner of Hardmans and has a broad base of clients, both high net worth requiring specialist Inheritance Tax advice and business clients requiring specialist commercial advice.

Catherine feels it is extremely important that clients of all walks of life can continue to receive advice from a local firm from people with local knowledge who are available and on-hand to provide advice on a face to face basis, although use of the internet and telephone are useful and important communication tools. Results are however often achieved by talking to people – a method often forgotten in this time of electronic communication and faceless companies.

Catherine is Clerk to a local charity and also undertakes pro-bono work for a number of long standing Deal Charities.

Catherine lives in Deal and enjoys walking her dogs and going to the theatre.

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Kerry joined Hardmans Solicitors on the 28th October 2013, as Catherine Hobson’s Legal Secretary. Prior to this, Kerry worked at a local primary school as a teaching assistant where she enjoyed a varied and interesting role.

As of 1st November 2014, Kerry will take on the role of Office Manager as well as continuing to assist Catherine Hobson as her secretary.

Kerry says “I am very much looking forward to the new challenge and welcome the opportunity given to me, and working with a fantastic team”.

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