A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more people to make decisions on your behalf. There are two types of Lasting Power of Attorney, these are as follows:
This covers your property and money. It allows you to appoint one or more people you trust to manage your affairs and make decisions on your behalf about your property and financial affairs, these people are known as your 'attorneys'.
This covers your health care and personal welfare. It allows you to appoint one or more people you trust as your attorneys to make decisions on your behalf in relation to your health care and personal welfare.
You can appoint one or more people as your attorneys. You should choose people you trust and who you know well. For example, you could choose your spouse or partner, son or daughter, other family members or friends.
They must be 18 years old or over and have the mental capacity to make decisions. In relation to an LPA for property and financial affairs your attorneys must also not be bankrupt or subject to a Debt Relief Order.
An LPA must be registered with the Office of the Public Guardian before it can be used. In relation to an LPA for property and financial affairs, you decide whether you wish it to be used as soon as it is registered or only when you have lost mental capacity. With an LPA for health and welfare, once it is registered it can only be used if you do not have the mental capacity to make decisions.
Many people believe that they only need to make an LPA if they are older. However, anyone can have an accident or illness at any age. If you are 18 years old or over and have mental capacity, you can make an LPA.
LPAs give you more control over what happens to you if you have an accident or illness that leaves you unable to make your own decisions.
Without a valid Power of Attorney in place your next of kin will not have the authority to make decisions on your behalf and may be left in the unenviable position of having to make an application to the Court of Protection for a Deputyship Order, so that they can make decisions on your behalf. Applying for a Deputyship Order is an expensive and long process. Which may cause additional stress and anxiety.
Whether you are thinking of making a Lasting Power of Attorney for Property and Financial Affairs or a Lasting Power of Attorney for Health and Welfare or would like both types of LPA we have the expertise to advise you. We can prepare your LPAs and register them with the Office of the Public Guardian.
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If you have a question or would like more information, please do not hesitate to contact us.
Call us on 01623 857 207, email: info@asquithmanners.co.uk or complete our online Enquiry Form.
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