Lasting Powers of Attorney
No one wants to be in a position where they are unable to make their own decisions, but if things don't go quite as planned, a Lasting Power of Attorney can provide peace of mind to you and your loved ones.
A Lasting Power of Attorney (LPA) is a legal document that authorises someone you trust (your 'Attorney') to make decisions on your behalf in the event of you being unable to. There are two types of LPA:
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1. Property & Financial Affairs: Your Attorney will be able to operate your bank accounts, pay your bills and even make decisions about the sale of your property.
2. Health & Welfare: Your Attorney will be able to make decisions about your medical treatment and where you should reside.
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Many people do not realise how invaluable LPAs can be, or how important it is to consider putting these documents in place in case of a sudden loss of mental capacity due to illness or an accident.
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We will take the time to discuss the options with you and draft the documents specific to your wishes and needs.
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In October 2007, the law changed and it was no longer possible to to create an Enduring Power of Attorney. These were replaced by Lasting Powers of Attorney, however, validly drafted Enduring Powers of Attorney can still be used, and if necessary, registered.
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Unlike Lasting Powers of Attorney, Enduring Powers of Attorney could only be prepared to cover property and financial decisions and not for health and welfare matters.
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As the duty to register an Enduring Power of Attorney only applies when the donor is losing or has lost capacity assistance may be required in the donor or the attorneys completing this process.
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Enduring Powers of Attorney
Although they have been replaced by Lasting Powers of Attorney, it is still possible to use and register an existing Enduring Power of Attorney
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General Powers of Attorney
You may need to appoint a friend or family member to assist you with a specific matters or during defined period of time, in which case an ordinary or general power of attorney will be suitable.