powers of attorney

A Lasting Power of Attorney (“LPA”) is a legal document, registered at the Office of the Public Guardian, whereby a person (the Donor) gives some (the Attorney(s)) the legal power to act or to make important decisions on their behalf in the event you were incapacitated or unable to deal with your affairs.

There may come a stage in our life where we may not have the physical and mental capacity to deal with our financial affairs or make the decisions necessary about our health and wellbeing. Having an LPA in place ensures preparations are in place should such circumstances ever arrive, especially as many believe family or even friends may have the automatic authority to legally manage your affairs.

There are two types of LPAs:

Property & Financial Affairs: This allows the Attorney to make decisions which relate to your property and financial affairs, such as paying bills, collecting benefits or other income, or even selling your Property (subject to conditions).

Health & Welfare Decisions: This allows your Attorney to make decisions on your behalf about your personal health and wellbeing, such as making decisions about where you resides, giving or refusing consent to medical treatment, together with more day to day decisions relating to diet, daily routine or dress. The role of an Attorney is an important one and come with great responsibility, therefore it is imperative you make the right decision when choosing who you wish to appoint, along with how they should act and any powers and/or directions you give them prior to Registration.

In the event of an LPA not being in place, if you were incapacitated or unable to deal with your affairs, then an Application to the Court of Protection would be required, appointing Family Members (or close friends/persons with interest) to act as a Deputy. This process is often expensive and can take a number of months to complete, and involves Court oversight throughout, meaning any assistance or decision making would be put on hold.