Lasting Powers of Attorney (LPA)

Lasting Powers Of Attorney

In the Quran, Allah has commanded: “If the debtor is incompetent, weak, or unable to dictate, let their guardian dictate for them with justice…” [Quran 2:282]

Ensure that your choices regarding your health, welfare, property, and finances are carried out and aligned with your faith during your lifetime with the LPA (Lasting Powers of Attorney) service.

It is our obligation as Muslims, and with the unique circumstances of revert women who may not have Muslim family, to select trusted attorneys to act in our best interests when our faith based wishes are to be fulfilled during the lifetime.

Why is this important today?

Registering while you can means that if, for any reason, you suffer from long-term illness or any disease or condition of the mind impacting your mental ability in the future, then you can have peace of mind that you have appointed a trusted family member or friend who understands your faith to make decisions on your behalf.

Here are some of the consequences of not having a valid and registered Lasting Power of Attorney in place:

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Health authorities can make life-changing medical and treatment decisions in your best interests according to the law, safeguarding, and public interest, which may not match your faith-based wishes.

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Banks can freeze a person's accounts, stopping payments which could mean loss of the ability to pay bills with debts incurring; payments stopping may impact access to vital funds at a time of need.

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Daily decisions regarding care, where to live, and spending, will be made by relevant authorities and government bodies.

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Others may take advantage of circumstances beyond your control, leaving no legal recourse to rectify matters if mental capacity is regained.

Note: The LPA service is currently only available to revert women who reside or have assets in England & Wales.

How Do I Apply?

  1. Use the buttons below to submit the application form for either a Health and Welfare LPA, or Property and Financial Affairs LPA, or both.
  2. Once you submit the application form, you will be redirected to the questionnaire to complete. You will receive an acknowledgement within 24 hours.
  3. Make the payment for the discounted rate of £95, exclusively for applications via Solace UK.
  4. Your application is reviewed and you are sent the following within seven (7) working days.
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A fully completed Lasting Power of Attorney including all relevant legal terms and conditions for health and welfare matters and/or property and financial affairs.

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Unique, user-friendly signing and registration instructions (drafted by an in-house legal team).

Use the buttons below to start your application.

Frequently asked questions

What is a Lasting Power of Attorney (LPA)?

An LPA is a legal document that lets you (the ‘Donor’) appoint one or more people (known as ‘Attorneys’) to help you make decisions or to make decisions on your behalf when you no longer have capacity to do so. This provides you with more control over what happens to things such as your finances or health if, for example you were to become unwell or have an accident at some point in the future and can’t make decisions on your own behalf (you ‘lack mental capacity’). There are two types of LPAs, a Property & Financial Affairs LPA and a Health & Welfare LPA.

Is this aid only for revert women?

Yes. Solace is a registered charity specifically for revert women, and was founded due to the lack of support for this audience.

Why is the aid only for residents of the United Kingdom?

As a registered charity based in the United Kingdom, we are regulated by the Charities Commissions of England and Wales. We provide emotional and Islamic support to revert women worldwide; however, legal or housing referrals and financial aid are limited to beneficiaries in our country of operations (UK).

What happens if you or someone you know loses mental capacity and does not have an LPA in place?

In the absence of an LPA, if you were to lose capacity, then there is a different process to follow by which someone can apply to the Court of Protection to be made a Deputy or have a professional deputy such as a solicitor appointed. The application is a Deputyship Order and the process can be both lengthy and costly, with the initial application costs along with annual fees being paid to the Court of Protection whilst the deputy is acting. The main problem can come when someone suddenly becomes incapacitated, with an LPA once registered it can be used instantly as opposed to the need to appoint a Deputy which can take considerable time. In a situation such as this there is often urgent need for financial support whether that be to pay for treatment or simply to continue to fund living costs but unfortunately without an Attorney being appointed the banks will simply not release funds until a Deputy is appointed.

How many Attorneys can I have?

There is no limit on the number of Attorneys you can have. The number of Attorneys you would be advised to have would depend on your individual circumstances. For some people, having one Attorney may be sufficient, but for others it may be the case that three or four Attorneys may be more suitable. It is rare for people to need more than four Attorneys and the most usual number is two.

Can my Attorneys make gifts on my behalf?

Generally, Attorneys are not permitted to make gifts without the approval of the Court of Protection. This is the case even if the Attorneys wish to benefit the Donor by making the gift (e.g. reducing the Donor’s estate for inheritance tax purposes). There is limited authority for Attorneys to make gifts to charities and gifts to family members of a seasonal nature or made on the occasion of a birth or marriage or on the anniversary of a birth or marriage. 

Can my Attorneys sell my house?

Attorneys can only sell your house if you own the property in your sole name. If you own the property jointly then they would have to liaise with the other owners. If the Attorney is also the co-owner (e.g. a husband appointing his wife as his attorney) then the Attorney alone could not sell the house and a trustee would need to be appointed. 

Do I need a replacement Attorney?

Replacement Attorneys may be beneficial to you as they offer the chance of succession if your original Attorneys die before you or become unable to perform their duties. Certainly, if only one original Attorney is to be appointed, having a replacement would be advisable. It is not mandatory for you to have a replacement Attorney should you not wish to do so.

When do Attorneys become unable to act?

Attorneys’ powers cease on their bankruptcy, incapacity and obviously their death. Their powers also cease on the death of the Donor. Attorneys do not have authority to administer the estate of a Donor who has died.

When can I register my Lasting Power of Attorney?

You can register your Lasting Power of Attorney as soon as it is properly executed. There can be a significant time delay between sending off the documents to be registered and receiving the registered Lasting Power of Attorney. Accordingly, it is better to register the Lasting Power of Attorney before it is needed so as to avoid any inconvenience later – for example if a Donor suffers a stroke and loses capacity ‘overnight’, it may be necessary for the Attorneys to act immediately to manage the Donor’s finances, but if the power has not been registered they will be forced to wait before they can do anything.

How long does it take to register a Lasting Power of Attorney?

A certificate provider is a person who certifies that you have the sufficient mental capacity to make the Lasting Power of Attorney and that you are not being unduly influenced by a third party to make it. It can be a professional who has the relevant expertise to make the assessment (i.e. a Doctor or Solicitor) or someone who has known you for more than two years. If anyone were to challenge your Lasting Power of Attorney on the basis that they thought you did not have the mental capacity to make one or that you were making it under duress, your certificate provider would have to show why they thought differently.

Who and what is a Certificate Provider?

A typical or average timescale is that you should expect to be waiting for a period of up to twelve weeks.

Can non-reverts apply?

This is something we are hoping to do in the future. Any non-revert woman interested can add their names to the waiting list.

Last updated in December 2023

Nurturing Resilience: 272 Revert Women Sought Personalized 1:1 Support in 2023

 

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