There may come a time in the future when you become unable to deal with your own affairs. It is important that you have appointed someone who will have the legal ability to act on your behalf if a situation were to arise. A lasting power of attorney (LPA) gives someone else the power to make certain decisions on your behalf. This is typically if you are no longer able to do so. Drawing up a lasting power of attorney gives you the opportunity to decide who you would like to do this and include any particular wishes or restrictions.
You can choose to draw up a property and financial affairs LPA, a health and welfare LPA, or both. A property and financial affairs LPA allows your attorney to make financial decisions for you. A health and welfare LPA can only be used to make decisions for you if you lack the mental capacity. This can include care decisions or how you are treated medically including life sustaining treatment.
You have the freedom to choose the attorneys you want (provided they agree to act) and to limit what they can do. The choice of your attorney(s) is critical. Willingness, competence and trustworthiness are essential.
Appointing someone you can trust to make the best decisions for you, guarantees you the peace of mind to know that if such a situation does arise, your decisions will be made as you would want them to be.
If you have been appointed an attorney, please download our free Guide to being an Attorney.
If you have an enduring power of attorney (EPA) this would have been made prior to 2007. Although it is no longer possible to make a new EPA, valid EPAs remain effective. We can also help with registering Enduring Powers of Attorney. It is important to know that an attorney appointed through an EPA does not have the power to make decisions regarding health and welfare.
To discuss drawing up a lasting power of attorney or to find out more information please contact one of our inheritance protection team below.
If the person who needs an attorney lacks mental capacity to make a LPA, then we can help with an application to the Court of Protection for a Deputy to be appointed.