A LASTING POWER OF ATTORNEY (LPA) IS A LEGAL DOCUMENT SEPARATE TO YOUR LAST WILL AND TESTAMENT THAT ALLOWS YOU TO APPOINT
ONE OR MORE PERSONS TO MAKE DECISIONS ON YOUR BEHALF. THESE PERSONS ARE CALLED YOUR ATTORNEYS.
There are two different types of LPA: Property and Affairs and Health and Welfare. Each type covers different decisions
and are separate documents.
The appointed persons can manage your property and financial affairs for you, if you reach a point where you are unable to
manage your property and financial affairs yourself. Your appointed persons can also make decisions relating to your health
and welfare if you are unable to make those decisions yourself.
LASTING POWER OF ATTORNEY - PROPERTY and FINANCIAL AFFAIRS
(formally known as Enduring Power of Attorney)
A property and Financial Affairs Lasting Power of Attorney (LPA) allows you to plan ahead, by choosing one or more persons
you trust to make decisions and take appropriate actions on your behalf regarding your property and financial affairs.
Your Attorney or Attorney's can manage your finances and property whilst you still have capacity, as well as when you lack
capacity. For example, it may be easier for you to give someone the power to carry out tasks such as paying your bills, or
collecting your benefits or other income or dealing with utility companies or pension departments on your behalf or even
your bank accounts and house insurance and selling your home.
There are a number of reasons why it is important for everyone to have in place a Lasting Power of Attorney. You may find it
difficult to get about or be housebound, or may find talking on the telephone difficult, or you may be working abroad or
living abroad for long periods of time. You may even have suffered an illness.
You can restrict the Attorneys powers or place conditions on what they can do. The Power of Attorney can only be used once
it has been registered at The Office of Public Guardian. (OPG). The OPG is responsible for the registration of LPA's. The
LPA can be used even while you have mental capacity to deal with issues on your behalf.
BENEFITS OF MAKING AN LPA
It will be reassuring to know that, if you are unable to make decisions for yourself, now or in the future, your chosen
Attorneys will make these decisions for you.
- Making an LPA ensures that the person you want to make decisions for you will be able to do so. This prevents a stranger
or someone you may not trust from having this power.
- An LPA can reduce problems that may occur in the future. It can be much more expensive and time consuming for family or
friends to try and gain a similar power in the future.
LASTING POWER OF ATTORNEY - HEALTH AND WELFARE
A health and welfare LPA allows your Attorneys to make decisions on your behalf about your health and welfare, if
there comes a time when you lack the ability to make these decisions about your treatment or other personal matters
for yourself. These can include:
A health and Welfare LPA can only be used once it has been registered with the OPG and you do not have the mental
capacity to make decisions about your own welfare.
- If you are unconscious or because you have the onset of a condition such as dementia.
- Decisions about whether you continue to live in your own home, perhaps with help and support from social services.
- Residential care, if that is required and where that would be.
- Day to day care, your diet and your dress or your daily routine.
- Giving or refusing consent to life sustaining treatment your intention will need to be stated clearly.
WHO CAN MAKE AN LPA
To make an LPA you must be over the age of 18 and you must have the mental capacity to make this decision. This means
that you are deciding for yourself that you wish to make the LPA and you understand what this means.
WHO CAN BE AN ATTORNEY
You can choose anyone you wish to be your Attorney, as long as they are over 18. For a Property and Affairs LPA they
cannot be bankrupt.
Attorneys must be people who you trust to make decisions for you, whether they are reliable and have the skills to carry
out the role.
You can choose to have more than one Attorney. Most people will choose a relative or close friend.
FOR MORE INFORMATION or TO BOOK AN APPOINTMENT PLEASE TELEPHONE Premier Wills (Southend) Limited.
01702 330333/01702 530444