A LASTING POWER OF ATTORNEY is a way to give the legal power to someone (or more than one person) to deal with your affairs. The attorney(s) are responsible for making decisions in your best interests and supporting you. You may grant your attorneys the ability to make such decisions on your behalf, such as whether you should be artificially resuscitated. You can choose to have one or both LPAs and the person(s) acting as attorney doesn’t have to be the same for each.
Property & Financial
Under the Property & Financial LPA, the appointed individual(s) gains the authority to sign documents on your behalf, effectively stepping into your shoes. This encompasses handling matters related to your property, managing your bank accounts, and overseeing other financial assets. For instance, your nominee can utilize your funds for essential expenses like groceries or the maintenance of your property. This LPA becomes operational once it is registered and remains a powerful tool for immediate financial management.
Health & Welfare
The Health & Welfare LPA provides the appointed attorney(s) with the power to assist you in managing personal matters. This encompasses decisions ranging from your residence choices to decisions about your ongoing medical treatments. Notably, this specific LPA only takes effect in cases where you lose the capacity to make decisions on your own. It serves as a vital safeguard, ensuring that your well-being and wishes are upheld when you are unable to express them yourself.
When a client lacks the capacity to make an LPA
In instances where a client's capacity to create an LPA is compromised, such as due to advanced age or cognitive decline, alternative measures may be necessary. When a client is no longer able to provide instructions for crafting an LPA, it might be prudent to seek recourse through the Court of Protection. This legal avenue enables the management of their affairs on their behalf, ensuring their interests are well looked after. Our experienced team can assist you in navigating the intricate processes involved in preparing and submitting the requisite forms to the Court of Protection. For further insights into this process, please refer to the Deputyships & Court of Protection segment on our Private Client Page.
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