The Importance of a Lasting Power of Attorney

Coronavirus has made people aware of the importance of appointing a Lasting Power of Attorney.

Becoming generally unwell or unable to make decisions for yourself may mean that you are unable to carry out practical duties such as visiting the bank or sorting personal finances.

This is inevitably a concern for you and your loved ones and will leave you vulnerable to being unable to look after the fundamentals in your life.

Having a lasting power of attorney in place to deal with these matters will give you peace of mind to ensure that these matters are dealt with in the manner you would wish them to.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document which enables a person to give another person (or persons) the power to assist them with managing their affairs and/or to make decisions on their behalf should they lose the capacity to do so themselves. This crucial document ensures that your wishes are respected even if you become unable to communicate or make decisions due to illness or injury. With an LPA in place, you have peace of mind knowing that trusted individuals are authorised to act in your best interests, providing continuity and support during challenging times.

There are two types of LPA and you may choose for your chosen administrator to do one or both:

LPA – Health and Welfare Decisions

A Health and Welfare LPA can only be used once a person has lost complete capacity to make health and welfare decisions for themselves.

The lasting power of attorney enables your attorney to make decisions on your behalf and in your best interests. These might include such decisions as where the person should live or decisions on medical treatments or wishes.

The lasting power of attorney also offers the option for the person to request that their attorney can refuse medical treatment, such as a DNR instruction.

LPA – Property and Financial Affairs

A Property and Financial Lasting Power of Attorney can either be used straight away, or it can be set to be only used once the person has lost capacity to make decisions for themselves. If the person enables you to use the LPA as soon as it has been registered, then the attorney still has to go by the person’s wishes.

This gives the attorney the power to assist in the management of financial affairs and make decisions such as managing bank accounts and buying and selling property.

Who can be an Attorney?

An attorney must be over the age of 18 and be willing to take on the role. They should be someone that you trust and who understands your wishes and will carry them out when the time comes.

You can appoint more than one attorney, which can be a good idea in case one of your chosen attorneys becomes incapacitated.

Most people will choose relatives or close friends to act as their attorneys, however you may appoint a trusted professional such as a solicitor or an accountant to act if you so wish.

A Lasting Power of Attorney is perfect to secure future planning and to ensure that your loved ones will feel safe in the knowledge that your needs are being carried out as you wished.

Appointing a Lasting Power of Attorney may not totally ease all uncertainties, but it may provide you with some peace of mind should you be unable to make your own personal or financial decisions.

Lawman Legal are experts in assisting people with creating a Lasting Power of Attorney. Please learn more here.

Alternatively, please contact us via email on info@lawmanlegal.co.uk or call 01642 493101.