Lasting Powers of Attorney

Most of us would like to have a say in who makes decisions for us if we are no longer able to. Making a lasting power of attorney is a good way to give yourself peace of mind about decisions regarding your finances and your health, should it ever be required. An experienced power of attorney lawyer from our private client team can advise you on your options and help you to set an LPA up.

What is a lasting power of attorney?

A lasting power of attorney (LPA) is a legal document that allows you to appoint others to help you make decisions or to make decisions on your behalf. There are two types of lasting powers of attorney, one for property and financial affairs and another for health and welfare decisions.

Who can make a lasting power of attorney?

Anyone over the age of 18 can make an LPA. You don’t need to be unwell or approaching later life. In fact, it is a good idea for everyone to consider making an LPA, in case you ever find yourself unable to make decisions about your finances or health. If you are thinking about an LPA, it is a good idea to seek advice from a specialist power of attorney lawyer.

When can you make a lasting power of attorney?

An LPA is a document that you prepare whilst you have ‘mental capacity’, in other words – while you are still capable of making decisions for yourself. This is indicated by your ability to provide clear instructions as to whom you would like to appoint and to demonstrate that you understand the consequences of making this document. 

An early diagnosis of dementia or other illness may not necessarily prevent you from being able to make a lasting power of attorney. In these circumstances it is essential to seek legal advice as soon as possible. Contact our private client team to arrange an appointment with an LPA lawyer.

What is the difference between a lasting power of attorney and deputyship?

If someone loses capacity and they do not have a lasting power of attorney, it may be necessary for the Court of Protection to appoint someone, known as a deputy, on their behalf. Having an LPA in place allows you to choose who will be responsible for managing your affairs when you are no longer able. This may not be whom the Court would appoint.

Can I use a living will to make decisions about the future?

An advanced decision, often known as a ‘living will’, is a document which sets out your wishes if you want to refuse a certain type of treatment in the future. This can only be made if you are over 18 years old and of full mental capacity. Generally, we would recommend making a lasting power of attorney for health and welfare in preference to an advanced decision as this is now the more recognised document.

How do I make a lasting power of attorney?

Contact us to speak to a lawyer from our private client team about making a lasting power of attorney.

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