Powers of Attorney
Giving you control over your future
What is a Lasting Power of Attorney?
There are two types of LPA...
Health and welfare
This LPA can be used to give an Attorney the power to make decisions about things like:
Giving or refusing to consent to medical treatment
Your medical care and accessing your medical records
Where you will live and with whom
Decisions on your care plan including your diet, and how you spend your day.
A health and welfare LPA can only be used when you’re unable to make your own decisions.
Property and financial
Use this LPA to give an Attorney the power to make decisions about your money and property such as:
Accessing and using bank accounts
Collecting your benefits or pension
Paying your bills
Buying or selling property
A property and financial LPA can be used either before or after you lose the mental capacity to make your own decisions unless the LPA specifically states otherwise.
For both Lasting Powers of Attorney, you can restrict the types of decisions your attorney can make.
Why should I make a
Lasting Power of Attorney?
It’s a common misconception that Lasting Powers of Attorney are for the elderly but mental incapacity can affect anyone, regardless of age. Unfortunately, no one knows what the future holds and anyone can have an accident or be struck down by an illness and in this respect a Lasting Power of Attorney is just as essential as having a Will in place.
By making a Lasting Power of Attorney you can have peace of mind that in the future all of your affairs will be dealt with by your chosen, trusted Attorney.
Don’t leave it too late to create an LPA
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Our team discuss the importance of LPAs
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about preparing an LPA
You might fall ill, suffer an accident, or lack the mental capacity to make these decisions by yourself. It’s comforting to know you’ll have somebody there to make these decisions for you.
For more information on creating an LPA, please click here.
The person appointed to act on behalf of the donor is called an Attorney. Anyone can be an attorney, as long as: they are capable of making decisions, and. they are 18 or over.
Yes – it is possible to place restrictions within the LPA document to limit what your Attorney can do on your behalf. It is also possible to offer written guidance to your attorneys, should you wish to do so.
For more information on acting as an Attorney, please click here.
A Will and a Lasting Power of Attorney are separate documents. A Will only takes effect after death. A Power of Attorney relates to a person’s lifetime affairs and the document ceases after death.
There is never a “right time” or “the perfect time” to create your Lasting Power of Attorney. Our advice…the sooner, the better! Once your LPA is created, you have piece of mind. You have to have capacity in order to register your LPA and as none of us know what is going to happen tomorrow, if we wait for the “right time”, it may never come.
To make your LPA you’ll have to be over 18 and still have the mental capacity to do so.
Many people consider that setting up the LPA can be done without legal help, but we consider it is best to seek legal advice, given that the LPA is such a powerful and important legal document.
A lawyer can also act as your Certificate Provider (confirming your mental capacity) and witness your signatures throughout the document, saving you another job.
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If a person lacks the mental capacity to understand and execute a Lasting Power of Attorney and has not signed any previous power of attorney, or if an existing power of attorney they have in place, is no longer valid it may be necessary for a Deputy to be appointed.
A Will allows you to select Executors to administer your estate. They are responsible for making sure that any debts are paid and the remainder of your estate, known as the residue, is distributed in line with the wishes of your Will.