What is a Lasting Power of Attorney

Lasting Power of Attorney is a legal document which allows you to appoint someone you trust to make certain decisions for you when you do not have the mental capacity to make them yourself. The person who makes the Lasting Power of Attorney (LPA) is called the Donor. The Donor appoints the people they wish to make decisions for them. These decision makers are known as the Attorney.

There are two types of LPA:

  • Lasting Power of Attorney for Property and Financial Affairs
  • Lasting Power of Attorney for Health and Welfare

Lasting Power of Attorney for Property and Finance

This LPA allows the attorney to make decisions in respect of your finances or property. For example, if you wish to sell your home or purchase a new home and need to instruct conveyancing solicitors. It also allows your attorney to carry out transactions relating to your bank account such as paying bills, transferring or withdrawing money and making mortgage payments. You can appoint an attorney to deal with your finances and property matters even if you do not yet lack mental capacity. You may wish to appoint a donor if you are immobile or struggle to understand and keep on top of your finances.

Lasting Power of Attorney for Health and Welfare

An LPA for Health and Welfare allows you to appoint an attorney who will make decisions relating to your health and care when you cannot make these decisions for yourself. For example, where you should live, hospital treatment and decisions about care homes. If you are concerned about losing mental capacity through illness such as Alzheimer’s or in old age, an LPA for health and welfare would enable your loved ones to have control of your care. They could decide whether you would live at home, in a care home, who you should see, what you should eat; any number of things to ensure your best welfare. Having a trusted family member or friend rather than a stranger such as a social worker or doctor make these decisions on your behalf can offer a Donor peace of mind at what can be upsetting and uncertain times.

Why do I need a Lasting Power of Attorney?

You do not need to be elderly or infirm to appoint attorneys. Whilst an LPA can be invaluable if you are a person who is ill or elderly and struggle to manage your own affairs, an LPA also serves as protection, should anything happen to you in the future. Accidents and illnesses can occur at any time and without an LPA it can be difficult for loved ones to act on your behalf without obtaining paperwork and paying fees which can be time consuming and stressful.

How to get a Lasting Power of Attorney

If you wish to appoint an attorney, or if you believe you should be the attorney for someone else, call us today to find out more and make an appointment. Our solicitors will explain exactly how an LPA will benefit you. We will manage everything for you, from taking the details of your attorneys to registering the document with the Office of the Public Guardian. An LPA cannot be registered if you have already lost mental capacity, so it is important to be prepared.

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