Lasting Powers of Attorney

These were introduced under the Mental Capacity act 2005 and came into effect from 01.10.2007 replacing the previous Enduring Power of Attorney.

Everyone who writes a Will should consider making a Lasting Power of Attorney. Your Will deals with your estate and your wishes when you die, BUT have you considered what the situation would be whilst you are still alive if, as a result of an accident, disability or an age related condition you are unable to deal with your affairs?

A Lasting Powers of Attorney (LPA) is a legal document that enables you, (The Donor) to appoint a person or persons (Your Attorneys) to look after and make decisions about things such as your property and finances should you be unable to do so yourself.

There are two different types of LPA; A Property and Affairs LPA which allows your Attorney(s) to make decisions on your behalf including collecting your income, paying your bills or even selling your house

A Personal Welfare LPA allows your Attorney(s) to make decisions on your behalf about your personal welfare, including whether to give or refuse consent to medical treatment on your behalf and deciding where you live. These decisions can only be taken on your behalf when you lack the capacity to make them yourself.

Your chosen Attorney(s), once they have registered the LPA with The Office of the Public Guardian, will then simply be able to deal with your affairs (subject to any restrictions or conditions you have included) without any additional delays, complications or costs. If there is no LPA in place and you become incapacitated for whatever reason, NO ONE can act on your behalf until an application has been made to the Court of Protection and this process can take several months to deal with and can cost in excess of £1000.00!

 

For more information on Lasting Powers of Attorney, please Contact Us

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