A Lasting Power of Attorney (LPA) can prove to be vital during times of long-term ill health or following a serious accident. In this article, our expert Wills and Probate Solicitors explain what a lasting power of attorney is and why you need one.
So, What is a Lasting Power of Attorney & Why Do I Need One?
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document, which allows you to appoint one or more people you trust as your attorney. They will make decisions on your behalf if you lose the mental capacity to make them yourself in the future, or if you no longer want to make decisions for yourself.
There are 2 different types of LPAs:
Health & Care Lasting Power of Attorney – This type of LPA gives your attorney the authority to make decisions about your medical treatment and day-to-day care. For example, this can include deciding the medical treatment you receive, who you see and even where you live.
Property & Financial Lasting Power of Attorney – This type of LPA gives your attorney the authority to manage and make decisions about your property and financial affairs such as paying your bills, collecting your pension, and selling your property. This can be used when someone has the mental capacity, but has decided they no longer want to be responsible for their finances and choose to delegate to their attorney.
Your LPA can include legal and non-legal instructions for your attorney to help them make decisions on your behalf. For example, a legal instruction may be that your attorney cannot sell your home unless advised by a medical professional that you are unable to live independently. Non-legal instruction may include requesting to spend 30 minutes outdoors at least once a day.
It is important to note that an LPA is a separate document to your will. However, when writing your will, it is often recommended you have an LPA written at the same to give you and your loved ones’ peace of mind when planning for the future.
Why Do I Need a Lasting Power of Attorney?
A Lasting Power of Attorney is key to have in place so you can have control of your affairs and decide how much authority you want your attorney to have when taking care of your affairs in the event you become unable to do so yourself during your lifetime. For example, an LPA may be essential if you’re suffering from long-term ill health, old age or a serious accident.
An LPA can only be put in place whilst you have the mental capacity to understand the purpose and effect of the document as it should reflect your wishes. In the event that you lose mental capacity, you cannot enter into an LPA and no one is able to do so on your behalf.
If you were to lose mental capacity in the future and you do not have an LPA in place, your loved ones would be required to apply to the Court of Protection to be appointed as a Deputy. This process is lengthy and very costly.
Lasting Power of Attorney Solicitors Leeds & Yorkshire
Morrish Solicitors are a well-established law firm based in West Yorkshire with a national presence. We offer a range of Wills, Probate and Estate services to private clients, Trade Unions, Associations, and their members. Our experienced solicitors will manage your case sensitively and professionally giving you peace of mind for you and your loved ones’ future.
Our services include:
- Will Writing
- Estate Administration
- Tax Planning
- Lasting Powers of Attorney
- Court of Protection
- Care Homes
- Advice regarding cost of Residential/Nursing Care
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