Everyone knows you should have a legally valid Will to make sure your loved ones are provided for when you die, but what happens if you are unable to make decisions because of an accident or illness? While a Will ensures that your estate is distributed according to your wishes, a Lasting Power of Attorney protects your assets by authorising somebody chosen by you to deal with your affairs on your behalf (should you become unable to manage them yourself) whilst you are alive.

It is wise to plan ahead and set out in advance what you like to happen should you become unable to make decisions for themselves in the future. A Lasting Power of Attorney (LPA) is an important legal document which enables a person (the Donor), who has capacity and is over the age of 18, to choose another person(s), known as Attorney(s), to make decisions on their behalf.

There are two types of Lasting Power of Attorney (LPA)

Property and Affairs LPA

You can make a property and affairs LPA to enable someone you trust (the attorney) to make decisions on your behalf about your property and affairs at a time when you are no longer able or lack the mental capacity to take those decisions yourself. If you should lose capacity for thinking clearly for yourself, your appointed Attorney(s) can act on your behalf in dealing with your financial matters, such as paying your bills, dealing with your bank and making sure all your income is received. The Lasting Power of Attorney can only be used once it has been registered at the Office of the Public Guardian (OPG).

Health and Personal Welfare LPA

A health and personal welfare LPA allows the person/s you have chosen as your attorney/s to make decisions on your behalf about your health and personal welfare, for example, where you live. It can include the power for the attorney to give or refuse consent to medical treatment if this power has been expressly given in the LPA. The Lasting Power of Attorney can only be used once it has been registered at the Office of the Public Guardian. We specialise in drafting Lasting Power of Attorneys. If you would like further information, or an appointment for a consultant to visit you, please contact us.

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