What is a Lasting Power of Attorney (LPA)?
An LPA is a legal document that allows the Donor (you) to choose attorneys (your loved ones) to make decisions on their behalf.
The attorneys can make decisions about things such as your money, making sure bills are paid or even your mortgage. Bank accounts will be frozen often leaving husbands, wife’s or loved ones struggling to pay bills. This also covers the buying and selling of property should they need to.
Your health and welfare issues such as dealing with your care requirements for example what care home or what care you actually want. Sometimes losing mental capacity from an accident can leave loved ones with no say on medical treatments. With a Health and welfare LPA loved ones can make life sustaining decisions too.
A Donor has to have mental capacity
to grant a Lasting Powers of Attorney; ie. understand who they are appointing to act on their behalf and what they are signing.
Sometimes people wish to plan ahead and set out in advance what they would like to happen should they become unable to make decisions for themselves in the future.
There are two types of LPA
Who can make an LPA?
A property and financial affairs LPA is for decisions about finances, such as selling the Donor’s house or managing their bank account, dealing with pensions, insurances and paying bills.
A health and welfare LPA is for decisions about both health and personal welfare, such as dealing with social services, local authorities, care homes and making medical decisions where required. It also enables the attorneys to make life sustaining decisions.
An Attorney must act in the Donor’s best interests.
Anyone aged 18 or over, with the capacity to do so, can make an LPA appointing one or more Attorneys to make decisions on their behalf. You cannot make an LPA jointly with another person; each person must make his or her own LPA.
If you lose mental capacity loved ones must apply to the court of protection for deputyship. This not only takes months but also costs thousands of pounds.
Avoid all those costs by setting up your Lasting Power of Attorneys now at a fraction of those costs should it happen to you.
Don’t take the risk; get in touch today to explore your options.
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