Lasting Powers of Attorney
In the future, if you were to lose some or all of your mental capacity to manage your financial affairs and / or make informed decisions or communicate your wishes about your welfare, your family and friends cannot make decisions on your behalf unless you give them the right to do so.
This can be done by having a Lasting Power of Attorney (LPA) prepared now. You are never too young. The Power will enable a trusted friend or relative to manage your financial affairs and / or welfare decisions on your behalf should you be physically or mentally unable to do so yourself.
LPAs were introduced under the Mental Capacity Act 2005 as a replacement for the older style Enduring Powers of Attorney. A LPA allows a person (known as the Donor) to give other people (known as Attorneys) the authority to make decisions about their personal welfare and/or property and affairs when they no longer have the capacity to make those decisions themselves.
There are different types of LPA:
- Property and Affairs LPA – to deal with your money and property on your behalf. Some of the examples include paying bills, dealing with bank accounts, selling you home if you were unable to live there and making investments for your benefit.
- Personal Welfare LPA – to make decisions about your healthcare and welfare. This includes decisions to refuse or consent to treatment on your behalf and deciding where you live. These decisions can only be taken on your behalf when you lack the capacity to make the decisions yourself.
As the Donor you can choose to create both types of power, or just one. You can also appoint the same or different people to be your Attorneys.
We can assist with preparing the documentation and registering it with the Office of the Public Guardian so it can be used. We charge a fixed fee for this type of work.