Lasting Power of Attorney
What is a Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney is a legal document that allows you to appoint one or more people to make decisions on your behalf, should you lose mental capacity during your lifetime.
A Lasting Power of Attorney provides the reassurance that if you are ever incapacitated due to illness or an accident, someone you trust is empowered to handle your affairs. Lasting Power of Attorney is a completely separate legal document to your Will, although many people put them in place at the same time as getting their Will written as part of planning for the future.
What does a Lasting Power of Attorney cover?
There are two different Powers of Attorney (LPA) available – one is for Property and Financial Decisions, this empowers your Attorney to manage and make decisions concerning your finances and property. This includes responsibilities like paying bills, selling property, managing your pension and handling your benefits. The other Power of Attorney is for Health and Welfare decisions, this authorises your Attorney to make decisions regarding your healthcare and daily living. This includes choices about where you live, your diet, medical care and social interactions.
If you do not make Powers of Attorney whilst you have the mental capacity to do so, and you subsequently lose the ability to look after your own affairs, then the alternative is an application to the Court of Protection for the Court to appoint somebody. This can be very expensive, very time consuming and very stressful.
Making a Power of Attorney must be done whilst you are able to make decisions for yourself
How does an LPA work?
Should you become unable to communicate your preferences, a Lasting Power of Attorney (LPA) allows you to select trusted individuals (usually a family member or close friend) to make decisions on your behalf regarding your health, care, or financial matters. The people you appoint to manage your affairs are called the Attorneys. You can select the appropriate type of LPA to suit specific needs.
In the absence of an LPA, if someone needs to manage your finances in the future, the only recourse would be to seek a deputyship order through the courts, a process that can be expensive, complex and time consuming. With an LPA, however, your designated Attorney can begin acting on your behalf immediately when necessary.
An LPA provides the reassurance that if you are ever incapacitated due to illness or an accident, someone you trust is empowered to handle your affairs. The LPA can contain specific instructions and preferences to guide your attorney in making decisions that align with your values and desires. It’s crucial to establish an LPA while you still have a mental capacity to understand the documents implications. Waiting until it is needed
Who needs a Lasting Power of Attorney?
Accidents or illnesses can occur unexpectedly at any age, making a Lasting Power of Attorney (LPA) a crucial legal document for anyone to have in place. Without an LPA, should you lose the ability to make decisions, no one will automatically have the legal right to manage your finances or make healthcare decisions for you. If you want to ensure that someone you trust retains control of these decisions, it’s advisable to establish an Lasting Power of Attorney.
In the absence of a Lasting Power of Attorney, the court may appoint someone to manage your affairs through a deputyship order – potentially someone you would not have chosen.
A Lasting Power of Attorney allows you to designate a specific person as your legal representative, avoiding the need for them to undergo the expensive and complex process of obtaining a deputyship order. This gives both you and them peace of mind knowing that they can act on your behalf if needed.
Who should I choose to be an Attorney?
It is vitally important that you choose attorneys who you trust to act in your best interests, someone such as a family member or close friend. If you choose to appoint more than one attorney, then you must decide whether you want them to act “jointly” or “jointly and severally.” If they are to act jointly, then all attorneys must agree and act together on every decision. If you choose jointly and severally this means they can either act together or independently of one another. Jointly and severally tends to offer the most practical option.
For friendly, helpful advice, call us today
Creating a will can be straightforward and efficient with the help of a will writing service. Here at Haighs Wills we offer expert guidance throughout the entire process. Our specialists will assist you with every step, from outlining your wishes to finalising your Will. Our advisors will discuss your preferences, provide tailored recommendations, and ensure that your Will meets your needs and circumstances.
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07712 328368
Helping you plan for the future
Here are 5 simple reasons to choose Haighs Wills and Estate Planning for your professionally written Will and Lasting Power of Attorney.
- Face to Face Appointments
- Fixed prices from the outset
- Appointments at your home
- Large savings on solicitor fees
- Efficient, Punctual and Reliable
“As a professional Will Writer I’m passionate about helping you make the right decisions when it comes to your Estate Planning”
It’s really important to think about the future and start planning for your family after you are gone. By making a Will you can ensure that the people you want to benefit are looked after financially and in the case of children under the age of 18, who will care for them. As well as a Will, a Lasting Power of Attorney is also invaluable. If you’re in an accident, have a stroke, or lose mental capacity, a Lasting Power of Attorney legally specifies who will make those important decisions on your behalf.
Richard Haigh
Professional Will Writer and Estate Planner
In Association with
Haighs Wills and Estate planning are independent specialists who work in association with Countrywide Tax and Trust Corporation and are supported by a team of STEP qualified practitioners.
