Written by Jordan Empson
Lasting Powers of Attorney are a legal document which allows you to choose a person you trust to make decisions for you. This person in known as an Attorney. These documents allow you to appoint more than one Attorney and any replacements, if your original Attorney are unable to assist you in the future.
There are two Lasting Powers of Attorney:
- Property & Finance
This means that your Attorney will be able to assist you with managing a bank or building society accounts, paying bills, collecting benefits or a pension.
- Health & Welfare
This means that your Attorney will be able to assist you with your daily routine, for example washing, dressing, eating, medical care, moving into a care home and life-sustaining treatment. It is worth noting that the Health & Welfare LPA can only be used if you lack capacity and you are able to make your own decision until then. We like to see it as an insurance policy that is stored until such times as it is used.
Also, you are able to appoint the same person as an Attorney for both documents. The Lasting Powers of Attorney must be registered with the Office of Public Guardian. This is government body who keeps a record of all Lasting Powers of Attorney. This is beneficial for any safeguarding issues. If you believe that an Attorney is taking advantage of the Lasting Powers of Attorney documents, please contact the Office of Public Guardian for their assistance.
Anyone who is over the age of eighteen years can register a Lasting Power of Attorney. However, they must have capacity to understand the documents they are entering into, what a Lasting Power of Attorney is? And the responsibilities of their Attorneys.
If a Lasting Power of Attorney is not registered and you no longer have capacity to enter into such document. Your close relatives will have to apply to the Court of Protection for a Deputyship Order, which take considerably longer to obtain when you are most in need and also would likely cost more than an LPA application.
If you want to know more or want to speak to a member of our team, please get in touch below or call us on 01702 338338.
