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Lasting Power of Attorney

Lasting Power of Attorney

Lasting Power of Attorney

Would you want to know that somebody you know and trust is in control of your affairs when you are at your most vulnerable and when you need them the most?

Lasting Power of Attorney Guide

Many people find themselves in situations where they are no longer in control of their own affairs. Should you become unable to manage your own affairs, a Lasting Power of Attorney (LPA) is a legal document allowing you to appoint one or more attorneys, of your choice, to help manage your affairs on your behalf.

Essentially, by creating a Lasting Power of Attorney, you are appointing a person (or persons) to make decisions and look after your affairs if you should no longer be able to through a mental or physical incapacity.

Lasting Powers of Attorney are not limited by age, any person over the age of 18 can set one up and anyone over the age of 18 can be nominated as an attorney. You don’t need to feel unwell or be currently incapacitated to instigate a Lasting Power of Attorney.

The main regulation for a Lasting Power of Attorney is that your attorney must act in your best interests at all times.

What are the two types of Lasting Power of Attorney?

 There are two types of powers that an attorney is responsible for, either making decisions about your property and financial affairs or making decisions concerning your health and welfare. Attorneys are not permitted to make changes to your will.

Lasting Power of Attorney over Property & Financial Affairs

This allows the attorney to pay bills, deal with banks and investments, arrange and collect benefits or even sell property on behalf of the donor.

Lasting Power of Attorney over Health & Welfare 

This allows the attorney to make decisions for the donor to deal with issues such as care issues, where the donor lives and also to give or refuse consent to life sustaining treatment.

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Why should I have a Lasting Power of Attorney?

Some health conditions such as dementia or Parkinson’s disease can mean that your ability to make decisions to become virtually impossible

In the event that you lose physical or mental capacity, it can cost your family thousands of pounds and an extensive amount of time to be given permissions to handle your affairs.

Bank accounts held by the incapacitated person could become severely restricted without the necessary access, which can have devastating consequences if you are relying on those funds to pay bills.

Due to data protection laws, it would make life extremely difficult for a spouse or other family member to help in these circumstances because all banks, and service providers would refuse to deal with anyone other than the account holders themselves.

With no Lasting Power Of Attorney in place, bank accounts and investments are frozen, bills may not be paid and property could be repossessed or your family would be unable to sell it if needed.

Why are more people turning to an LPA?

Many people make a will in the event of death, however, with more and more people living longer and requiring care, putting a Lasting Power of Attorney in place ensures that your individual needs are put first by those whom you trust most.

It is best to put life decisions in the hands of the people that know you and that you trust the most. Your wishes will become irrelevant if a doctor or the local authority have to make those decisions on your behalf.

Your attorney can act at your direction if you are physically incapable and therefore you can still make decisions yourself, so you remain in control. It is only if you become mentally incapable that your attorney will make the decisions for you.

Contact us today and we can help you to fill in all of the relevant Lasting Power of Attorney forms and support you through the process.

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Contact us today for more information

If you would like to a have a no-obligation discussion about what is open to you, please do not hesitate to get in touch.