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Lasting Power of Attorney

Personal Lasting Power of Attorney

Most people think that if they fall seriously ill or become mentally incapacitated, their spouse, partner or children would step in and take over their finances, in addition to dealing with any care decisions that need to be made. Sadly, next of kin have no rights or legal jurisdiction to make any decisions – financial or otherwise – without the formal legal authority in place.  A property wholly or partially owned by someone who is incapacitated cannot be sold or rented out, even if the co-owner is the person’s spouse. Although banks and building societies have some discretion, joint accounts should be, and sole accounts will be, frozen.

A Lasting Power of Attorney (known as an LPA), is a legally binding Government backed document that allows you (the Donor) to appoint a trusted friend or family member of your choice (the Attorneys), to make decisions for you, should you lose mental capacity or no longer wish to make decisions for yourself. All LPA’s are managed through the Office of the Public Guardian (OPG) and it’s estimated that over 2 million people have already registered their LPA’s through the OPG.

Whatever your previous conversations with family, they are irrelevant if there is no LPA in place. Family and friends are powerless to act on your behalf if you become vulnerable and can no longer make decisions for yourself. Financial Institutions and Medical Teams do not insist on LPA’s to make life difficult for your family, they ask for them as a form of protection for YOU, as the vulnerable adult.

There are two parts to an LPA, the Property and Finance LPA, which allows your Attorneys to access your bank accounts, pay your bills and make decisions about your house, and the Health and Welfare LPA, which allows your Attorneys to make decisions about where you will live, who is going to look after you and whether you undergo medical treatment.  You can also give your Attorneys the power to agree to or refuse life sustaining treatment on your behalf, should that be your wish.

Do I need a Lasting Power of Attorney?

Do I need a Lasting Power of Attorney? Information

What happens if I don’t have a Lasting Power or Attorney?

What happens if I don’t have a Lasting Power or Attorney? Information

What is a Deputyship Order?

What is a Deputyship Order? Information

What is an Independent Mental Capacity Advocate (IMCA)?

What is an Independent Mental Capacity Advocate (IMCA)? Information

How many Attorneys can I have?

How many Attorneys can I have? Information

Do I lose control as soon as I make my Lasting Power of Attorney?

Do I lose control as soon as I make my Lasting Power of Attorney? Information

Can my Attorney take my money?

Can my Attorney take my money? Information

What happens when I die?

What happens when I die? Information

What does DoLs mean?

What does DoLs mean? Information

How do I register my LPA?

How do I register my LPA? Information