A lasting power of attorney (LPA) is a legal document that lets you (the ‘donor’) appoint one or more people (‘attorneys’) to help you make decisions or to make decisions on your behalf.

When is Lasting Power of Attorney used?

Lasting Power of Attorney gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions (you ‘lack mental capacity).

There are 2 types of LPA:

• Health and welfare: The attorney can decide matters such as medical care, accommodation, daily routine and giving or refusing consent to life-sustaining treatments.
• Property and financial affairs: The attorney will have the authority to manage bank accounts, deal with benefits and pensions, pay bills or buy and/or sell a property.

You can choose to make one type or both.

Making a Lasting Power of Attorney (LPA)

You can only prepare LPAs when you have the mental capacity to do so. Your family do not automatically have the legal authority to manage your affairs if you suffer an accident or lose capacity due to deteriorating mental illness. Sometimes, it may be too late, in which case, your family will have to make an application to Court to decide upon who can manage your affairs on your behalf and this can be expensive and time-consuming.

Execution of a Lasting Power of Attorney

The role of an attorney is one of great power and responsibility, so it is important that you make the right decisions when choosing your attorney(s), deciding how they should act, and deciding what powers to give them.

If you do not understand the way in which you are authorising your attorneys to act for you, or an unsuitable attorney is appointed, this may prevent an LPA from being used. A legal expert can help you avoid these errors in the first place, making sure your LPA is accurate and wholly suitable for your needs.

Our legal experts can also help and guide you in choosing your attorneys. Your attorneys can be a family member, a friend, or for financial decisions, you could appoint a professional such as a solicitor.

If we can assist you with your questions, feel free to contact us for further information or book an appointment using our enquiry form.

On your appointment with us please bring the following with you:

• A current valid signed passport Or
• Photo card driving license.

AND

• A utility bill as proof as your address (not older than 3 months) Or
• A recent bank statement (not older than 3 months)

All relevant documents must INCLUDE an English translation of any document which is in a foreign language.