Why should I make a Lasting Power of Attorney?

Lasting Powers of Attorney were introduced by the Mental Capacity Act 2005 and replaced Enduring Powers of Attorney. They came into force on October 2007.

There are two types of Lasting Power of Attorney to consider:

1. Property and Affairs LPA’s deal with financial matters
2. Personal Welfare LPA’s cover health and welfare issues.

Before any LPA can be used it must be registered with the office of the Public Guardian.

LPA’S differ from ordinary Powers of attorney in that they remain valid if the donor becomes mentally incapable.

No one knows what the future will hold. It is important that you appoint someone that you trust who will be able to act on your behalf should you become unable to manage your affairs in your lifetime.

If you lose the ability to manage your affairs and have not appointed a Lasting Power of Attorney then The Court of Protection will appoint a deputy. This is a slow and expensive process.

You should take advice from a specialist solicitor. We can give you the name of local Solicitors who will be pleased to assist you.

By making an LPA, you are planning for the future when you may no longer have capacity to make your own decisions.

Why leave the management of your affairs for someone else to decide?

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  • http://lawscape.co.uk Bill Ryan

    LPAs are really important. Anyone who has had to deal with an elderly relative without one who has lost capacity would tell you this.