Health and Welfare Lasting Power of Attorney
A Lasting Power of Attorney (LPA) is a legal document that appoints a trusted relative, friend or professional (known as an attorney) to help manage your financial affairs and/or make decisions about your health and welfare. There are two types of Lasting Powers of Attorney:
- Health and Welfare
- Property and Financial Affairs
Health and Welfare Lasting Power of Attorney
A Health and Welfare LPA enables you to choose the person(s) you would like to make personal decisions on your behalf, this includes;
- where you should live and who with
- day to day care
- whether you should take part in social activities, leisure activities, education or training
- who you may have contact with
- consenting to or refusing medical examination and treatment on your behalf
- rights of access to your personal information
- assessments for and provisions of community care services
- your personal correspondence and papers
- complaints about your care or treatment
Property and Financial Affairs
The Property and financial Affairs Lasting Power of Attorney lets you choose one or more people to make property and financial affairs decisions for you. This could include
- buying and/or selling property
- dealing with banks or other financial institutes
- making limited gifts on your behalf
- claiming, receiving and using benefits on your behalf
- dealing with your taxes
- receiving income or inheritance for you
Why should I make a Lasting Power of Attorney?
If you become mentally incapable before making a Lasting Power of Attorney, it will become necessary for your relative, friend or solicitor to liaise with the Court of Protection to obtain a deputyship and this can be a drawn out and expensive procedure.
Without an LPA in place and you loose capacity the below could arise
- You would have no say in who the court appoints as deputy
- You would have no say in the scope of power granted to your deputy
- A deputy’s application could be refused, this could result in council being appointed instead
- Your family will have to pay extra to apply for and maintain a deputyship
- You may not be able to sell jointly held assets until the court appoints a deputy
Can power of attorney be gained without consent?
No! This is similar to someone having lost their mental capacity. If someone is lacking in mental capacity, they can’t make a valid decision to appoint you as attorney. In this case, you’ll have to apply to the court to be appointed as their deputy.
Can I end an LPA?
Yes. You can end or change your LPA at any time even if it’s been registered, as long as you still have mental capacity. You can also raise a complaint if you have concerns about your attorney, for example they’re not carrying out their responsibilities properly. An LPA does not allow someone to draft a Will on your behalf or to make changes to your Will
Why Choose Us?
Although you can create and submit a lasting power of attorney document yourself, it’s often better to have a lasting power of attorney solicitor do the work for you. Our experts provide a comprehensive, personal service and are highly-qualified to give you and your family the very best advice.
