Lasting Powers of Attorney
It is advisable to have a Lasting Power of Attorney (LPA) in place in case you become physically or mentally unable to deal with your own affairs. This is not just something for the older person to consider.
There are two types of LPA:
- a property and affairs LPA, which allows your attorney to deal with your property and financial affairs
- a personal welfare LPA, which allows your attorney to make welfare and health decisions on your behalf if you lack mental capacity to do so yourself. This could also extend to giving or refusing consent to the continuation of life saving treatment
Our specialists can advise you fully on the options open to you and guide you through the process of creating and registering an LPA.
What happens if you already have an Enduring Power of Attorney in place?
Any Enduring Power of Attorney (EPA) validly made before 1st October 2007 can still be used in respect of your property and affairs. No new EPAs can be made after this date.
If you wish to change anything within your EPA then you will now need to make an LPA.
If you wish to give authority over your health or welfare you will need to make a personal welfare LPA.
What happens if a person does not have a Power of Attorney in place and they lack the mental capacity to deal with their own affairs?
An application will have to be made to the Court of Protection for a deputy to be appointed to deal with their affairs for them. Our specialist advisers can deal with the application which can be complex and time consuming without the right assistance.
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