Imagine suddenly being unable to speak for yourself due to a serious illness or accident. Who would handle your finances, or decide what medical treatment you receive? For many in Seaham, this isn’t just a hypothetical, it’s a real concern that can affect any family. A lasting power of attorney (LPA) is a legal safeguard that ensures the people you trust are legally authorised to act on your behalf when you can’t.
What is a lasting power of attorney?
A lasting power of attorney is a legal tool that lets you appoint someone to manage your affairs if you lose mental capacity. In simpler terms, it’s a way to plan ahead for life’s unpredictable moments. Whether it’s due to illness, injury or age-related decline, an LPA ensures that decisions affecting your life will be made by someone you’ve chosen, not someone the courts appoint.
There are two kinds of LPAs:
- Health and welfare LPA – lets your chosen person decide on matters like medical care, living arrangements and day-to-day welfare
- Property and financial affairs LPA – covers managing your bank accounts, paying bills, collecting benefits and even selling property
Both types must be registered with the Office of the Public Guardian before they can be used. Without this step, your chosen attorney has no legal power to act.
Why do Seaham residents need an LPA?
Seaham is home to many multi-generational households, retired couples and hardworking individuals. The community relies on trust and close relationships, something the LPA strengthens. If you or a loved one becomes unable to make decisions, having an LPA in place means your family won’t be left in a legal grey area.
Take Mr Thompson, a retired miner from Seaham Harbour. After a stroke left him unable to communicate, his daughter struggled to access his bank account to pay his care bills. Had an LPA been in place, she could have stepped in immediately with full legal authority. Stories like these are all too common.
Local healthcare providers like Seaham Medical Group and Deneside Medical Centre often treat patients dealing with complex health needs. Having a health and welfare LPA ensures that doctors can consult your chosen representative without legal delays, particularly during emergencies.
Can I create an LPA without a solicitor?
Yes, you can fill in the paperwork yourself. But it’s important to understand that LPAs are legal documents – any mistakes or vague instructions can render them invalid or create room for dispute.
That’s why many in Seaham choose to work with Marley Solicitors. Our legal team helps avoid pitfalls such as:
- Naming attorneys incorrectly
- Leaving out replacement attorneys
- Using unclear preferences or instructions
We make sure everything is done properly the first time, so your wishes are protected.
When is the right time to make an LPA?
Many people think they don’t need one until they’re much older. But the truth is, an LPA is just as important as having a will – and should be arranged as soon as possible.
You must have mental capacity to create an LPA. That means if you’re diagnosed with dementia, suffer a head injury or experience a stroke, it may be too late. Planning early ensures you’re covered regardless of what the future holds.
Whether you’re in your 30s running a business in Seaham town centre or in your 60s enjoying retirement, creating an LPA is a proactive step to protect yourself and your loved ones.
What happens if I don’t have an LPA?
Without an LPA, your family may need to apply to the Court of Protection to make decisions on your behalf. This process can:
- Take months to complete
- Cost significantly more than setting up an LPA
- Leave decisions in the hands of a court-appointed deputy who doesn’t know you
This could lead to serious consequences. For example, access to your money might be delayed during a health crisis, or you could end up in a care home you wouldn’t have chosen. An LPA avoids this by giving power to the people who know you best.
Who should I choose as my attorney?
Think carefully about who you trust to manage your affairs. It could be your partner, adult child, sibling or close friend. You can also appoint more than one person. Consider:
- Trust – Will they act in your best interests?
- Capability – Can they handle financial or medical decisions?
- Availability – Are they nearby and able to help when needed?
You can appoint your attorneys to act:
- Jointly – they make decisions together
- Jointly and severally – they can make decisions either together or individually
Many people in Seaham choose a combination to ensure flexibility and support.
How local services fit into the process
Working closely with local health and social care providers is often part of an LPA’s real-world use. In Seaham, your attorney may need to communicate with:
- Seaham Medical Group – for treatment planning
- Deneside Medical Centre – for day-to-day health support
- Seaham Community Hospital – for rehabilitation or outpatient care
- County Durham and Darlington NHS Foundation Trust – for specialist interventions
Having an LPA ensures these professionals can share information and take instruction from someone legally authorised to represent you.
Misconceptions about LPAs
There are many myths that prevent people from acting early. Let’s clear up a few:
- “I’m too young to need one.” Emergencies don’t wait for retirement. If you’re over 18, you can and should create an LPA.
- “My spouse can decide for me.” Without legal authority, even spouses can be blocked from managing accounts or making medical decisions.
- “I’ve got a will – that’s enough.” A will deals with your affairs after death. An LPA protects you while you’re alive.
Do I need both types of LPA?
It depends on your needs. Most people benefit from having both:
- A property and financial affairs LPA ensures bills are paid and finances managed
- A health and welfare LPA ensures decisions about your care are made according to your values
Together, they provide complete coverage. At Marley Solicitors, we can help you decide which arrangement is right for you.
FAQs
Can I get a lasting power of attorney in Seaham without going to court?
Yes. If you create your LPA while you still have mental capacity, there is no need for court involvement. The document simply needs to be registered with the Office of the Public Guardian.
How much does a lasting power of attorney cost in Seaham?
Costs vary based on your circumstances. There is a government registration fee, and professional support adds a layer of assurance. Marley Solicitors offers fixed-fee LPA packages to Seaham residents, including:
- Consultation
- Document preparation
- Witnessing and certification
- Registration support
Is an online template enough to make an LPA?
Online forms exist, but they are no substitute for personalised legal advice. Errors in wording or structure can invalidate the document or make it hard to use. A solicitor ensures the LPA is legally sound and tailored to your situation.
Can I cancel an LPA?
Yes, as long as you still have mental capacity, you can revoke or change your LPA at any time. You’ll need to do this in writing and notify the Office of the Public Guardian.
Take the next step with Marley Solicitors
If you’re living in Seaham and want to take control of your future, Marley Solicitors is here to help. We offer free consultations to walk you through the LPA process and help you make informed choices.
Whether you’re planning for your own future or supporting an ageing parent, now is the time to act. Our local team understands the needs of Seaham residents and will work with you every step of the way.
Contact Marley Solicitors today for a free, no-obligation consultation about setting up a lasting power of attorney in Seaham. Planning ahead isn’t just wise, it’s essential.
