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What is a Power of Attorney

A Lasting Power of Attorney is a legal document which allows you to appoint someone as Attorney to manage your affairs and/or make decisions on your behalf if you become unable to these things yourself.

It is advisable to put an LPA in place early on while you have the mental capacity to do so. Once set up and registered with the Office of the Public Guardian, your LPA can be used whenever it is needed, whether that is straight away or at some point in the future.

If you do not have an LPA in place and you become unable to make decisions yourself, it may be necessary for someone (usually a loved one) to apply to the Court of Protection to make decisions for you. This is a time consuming process and can be expensive.

There are two types of LPA, one deals with Property and Finance and one with Health and Welfare.

Property & Financial LPA

This document gives your Attorney the power to make decisions on your behalf regarding anything relating to property or finance, for example:

  • Paying bills on your behalf
  • Managing your bank or building society accounts
  • If necessary, selling your home

A Property and Financial LPA can be used either if you become mentally incapable of managing your own affairs, or at your direction, if you are physically unwell and cannot leave the house.

Health & Welfare LPA

This document gives your Attorney the power to make decisions about you personally, for example:

  • What your daily care routine should be, such as your diet or dressing
  • Medical Care and help from social services
  • Where you will live, for example whether moving into a care home would best suit your needs.
  • Life-sustaining medical treatment

A Health and Welfare LPA can only be used when you are unable to make your own decisions.

Our Private Client team is led by Partner Hannah Furr, a member of the Society of Trust and Estate Practitioners – a professional organisation for practitioners who specialise in family inheritance and succession planning, meaning that you can rest assured that you will be receiving up to date legal and technical advice.

If you would like to know more please get in touch by email here or by calling us on 01604 609560.

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