Lasting Power of Attorney
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What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone you trust to make important decisions on your behalf if you ever lose the capacity to do so. Many people assume that a spouse or close family member can automatically take on this role, but this is not the case. Without an LPA in place, the courts may need to intervene, leading to delays, additional costs, and uncertainty for your loved ones during an already difficult time.
There are two main types of LPA. A Property and Financial Affairs LPA gives your chosen attorneys the authority to manage your financial matters. This can include everything from bank accounts and paying bills, to managing property, mortgages, investments, and even digital assets such as online banking or social media accounts.
A Health and Welfare LPA, on the other hand, allows your attorneys to make decisions about your care and wellbeing. This can cover where you live, the medical treatment you receive, your day-to-day care arrangements, and, if necessary, choices about life-sustaining treatment.
What is a Lasting Power of Attorney (LPA)?
An LPA is a legal document that allows you to appoint one or more people you trust to make decisions on your behalf if you lose the mental capacity to do so yourself.
Do I need an LPA if I am married?
Yes. Many people assume a spouse or civil partner can automatically make decisions, but this is not the case. Without an LPA, decisions may fall to the courts, causing delays and extra costs.
What types of LPA are there?
There are two main types. A Property and Financial Affairs LPA covers things like bank accounts, bills, property, investments, and digital assets. A Health and Welfare LPA covers care decisions, medical treatment, and daily living arrangements.
When does an LPA come into effect?
A Property and Financial Affairs LPA can be used as soon as it is registered, with your permission, or if you lose capacity. A Health and Welfare LPA can only be used if you lose the ability to make those decisions yourself.
Who should I choose as my attorney?
You should appoint someone you trust to act in your best interests. This could be a family member, close friend, or professional adviser. You can choose more than one attorney and set rules on how they make decisions.