Powers of Attorney
There are two types of Lasting Powers of Attorney (LPA), both of which operate during your life and allow you to appoint someone to manage your affairs. An LPA must be registered with the Court of Protection before it can be used.
Property & Affairs LPA
A Property & Affairs LPA allows you to appoint someone to manage your financial affairs should you be unable to do so in the future.
Under a Property & Affairs LPA, the person appointed as your attorney is able to make financial decisions on your behalf. Decisions include buying and selling property, paying your bills and operating bank accounts, so it is vital that you trust the person appointed.
Health & Welfare LPA
A Health & Welfare LPA allows you to appoint someone to make decisions about your health and personal welfare.
Under a Health & Welfare LPA, your attorney will have authority to make choices about your healthcare and medical treatment, about where you live and, if you wish, about whether you should receive life-sustaining treatment.
Who can I appoint?
You can appoint one or more people to act as your attorney. Your attorney(s) must be over the age of 18 and have never been declared bankrupt.
What if I don't make any kind of Power of Attorney?
Should you become mentally incapable, an application may have to be made to the Court of Protection for the appointment of a deputy (possibly a relative) to manage your financial affairs. This can be an expensive and time consuming procedure with the charges being met from your assets.
We can assist in an application for a Deputyship Order but it is far better that you make a Lasting Power of Attorney so that you choose the persons who have authority to look after your affairs.
How do I make a Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney (LPA) must be completed in a prescribed format with the details of your attorney(s) and named persons who need to be notified when the LPA is registered.