LASTING POWER OF ATTORNEY

What is a lasting power of attorney?

A Lasting Power of Attorney (LPA) is a legal document that enables individuals (known as ‘the donor’) to appoint someone to make decisions about their welfare, money or property, either now or in the future.

LPAs are important in the event of the possible future loss of mental capacity or generally health issues which restrict the ability of a person to transact their own matters, usually caused by serious illness or accident, preventing an individual from being able to deal with their day-to-day decisions. These include complicated financial and health decisions, and the terms are best understood with help from a solicitor. We recommend that everybody should consider making LPAs, irrespective of their age or health.

There are two different types of LPAs:

• Health and Welfare Lasting Power of Attorney
• Property and Financial Affairs Lasting Power of Attorney

Who should make a lasting power attorney?

Anyone can potentially become physically or mentally incapable following an illness or accident, regardless of age or circumstances so this is an option that should be considered by all.
A will only operates after death, so it is a wise precaution to appoint attorneys you trust to make important decisions on your behalf should the need arise during your lifetime.

Who can I choose as my attorney?

In theory, anyone who is over 18 can be an attorney. In the case of an attorney appointed to a Property and Financial Affairs LPA, however, they must not be bankrupt.

It is crucial to choose someone who can be trusted implicitly when appointing your attorney or attorneys. This is often one or more family members, trusted friends or professional advisers, but if you’re unsure, it is recommended to seek professional advice to prevent any rejections, delays or misunderstandings.

If more than one attorney is appointed, they can be appointed “jointly” and do everything together, or “jointly and severally” so they can act together or individually on all issues.

How can we help?

We can help you through the process and reduce the chances of things going wrong. We can advise you on who you should choose as your attorneys, make sure that they understand their duties, and explain in detail the different ways attorneys can be authorised to make decisions.

Get in touch today if you have any questions or make an enquiry with our power of attorney solicitors.