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Lasting Power of Attorney (LPA)

Many people, as the result of an accident sudden illness or advancing years, lose the ability to manage their own affairs during their lifetime.

Although you may have appointed executors in your Will, they will not be able to act for you while you are alive. It is not correct to assume that your spouse or next of kin will be allowed automatically to take on this responsibility.

The solution here is to make a Lasting Power of Attorney. This is a legal document in which you set down who are to manage your affairs in the event that you are prevented from doing so.


There are 2 different types of LPAs:

  • A Property and Finance LPA is for decisions about finances and can be used as soon as the document has been registered with the Office of the Public Guardian; and
  • A Health and Welfare LPA is for decisions about both health and personal welfare.  This document can be used only when you have lost mental capacity.

You do not need to have both as they are separate documents.

The person or people you can appoint to act as your Attorney are your spouse, your children, or a trusted friend or relation. They will be able to legally act on your behalf to do anything you could do yourself, unless you restrict his or her authority. Here are some examples of duties that may be performed by an attorney using the Property and Finance LPA:


  • Deal with your financial affairs, having access to your bank and building society accounts.
  • Sign documents on your behalf.
  • Dispose of property.
  • Purchase goods and gifts on your behalf.

And some examples of duties that may be performed by an attorney using the Health and Welfare LPA:

  • Make decisions about where you live
  • Your day to day care
  • What medical treatment you have
  • Answering questions from medical professionals

A Lasting Power of Attorney is a powerful Legal Document which is recommended for any adult who has a Bank Account, or who owns Property, or if you wish for someone to look after your personal welfare. A good time to make an LPA is when you make a Will

Please contact us for a free leaflet about making both Lasting Powers of Attorney on 01367 250289

Lasting Power of Attorney (LPA) explained

An LPA is a document which, subject to conditions and safeguards, continues in force until your death once it has been registered at the Office of the Public Guardian.

  

What is the purpose of an Lasting Power of Attorney (LPA)?

To enable people, while they are still mentally capable, to decide who they would like to deal with their affairs for them should they be unable to. i

What authority can the Lasting Power of Attorney (LPA) give?

The power may be completely general allowing the Attorney to do almost everything the Donor could do on his or her behalf, or it may be limited to certain specified purposes.

Can a Donor appoint more than one Attorney?

Yes, with a maximum of four, but for practical reasons two or three is the ideal. The Donor may choose to appoint attorneys to either work together or separately.

What is an Attorney?

An Attorney is someone who can act on behalf of a Donor in financial affairs and personal welfare. If the Donor gives the Attorney(s) general authority to act on his or her behalf, the Attorney will be able to do most things that the Donor could have done E.G. Sign cheques, withdraw money to pay bills, make gifts etc.

For the welfare LPA, to decide on medical treatment, where the donor is to live and day to day care.





Please contact us for a free leaflet about making both Lasting Powers of Attorney on 01367 250289

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