Powers of Attorney – The Essentials

What is a Lasting Power of Attorney?

An LPA is a legal document which permits the people you have appointed (your attorneys) to act on your behalf.

There are two forms of Lasting Powers of Attorney:

  • Health & Welfare – allows your attorneys to make decisions about the type of treatment, medication and care you receive and where you live if you do not have the mental capacity to make those decisions yourself. An important feature of the Health and Welfare LPA is you may also permit your attorneys to make decisions as to whether you receive life sustaining treatment or not
  • Financial Affairs & Property – allows your attorneys to manage your finances on your behalf if you do not have the mental capacity to do so yourself. This can include, paying your bills, dealing with your bank accounts and any other assets or investments and selling your house on your behalf.

I only want to appoint people to deal with my financial affairs – do I have to make both Lasting Powers of Attorney?

No. The Lasting Power of Attorney applications are separate, so you can choose to make one or both. However, you must remember that you can only make a Lasting Power of Attorney whilst you still have full mental capacity.

I am concerned that a loved one has or is beginning to lose their mental capacity. Can I apply for a Lasting Power of Attorney on their behalf?

A Lasting Power of Attorney can only be made by the individual (‘the donor’) who wishes to appoint attorneys and they must have full mental capacity at the time of making the Lasting Power of Attorney.

We understand that issues of mental capacity can be upsetting and the process of applying to the Court of Protection can seem daunting. If you are worried that a loved one does not have mental capacity and has not already appointed an attorney, we can provide you with advice as to what options are available to you and guide you through the process of a Deputyship Application.

Our team also advises on:

  • Registering an Enduring Power of Attorney
  • How to cancel or end Powers of Attorney
  • General Powers of Attorney
  • Deputyship Applications

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