Lasting Powers of Attorney, how do they work?
29 July 2019 by Jane Golding
There are two types of Lasting Powers of Attorney (LPA). One covering Health & Welfare decisions and the other covering Property & Financial decisions. You can make an LPA for one or both areas depending on your needs.
Each year many families suffer difficulties when they discover they do not have the legal right to make decisions for a loved one. Mental incapacity can unfortunately strike at any time whether through ill health, an accident but almost certainly as we increase with age.
Most of us would be mistaken into believing that our Spouse, Civil Partner, family, or friend would automatically be able to assist in decisions being made if you become mentally incapable. You would be wrong in assuming this. If you delay in making a Lasting Power of Attorney, then you may become too ill.
It is a legal requirement that a person making an application for Lasting Power of Attorney must be capable and able to provide full details and instructions sufficiently so that the applications can be completed. In addition, you must be over the age of 18 years.
A Lasting Power of Attorney allows you to give someone you trust the legal power to make decisions on your behalf in case you later become unable to make decisions yourself.
Health & Welfare – LPA
An LPA for Health & Welfare covers decisions about your health and personal welfare. An Attorney can make decisions about anything to do with the donor’s (the person who has made the LPA) Health & Personal Welfare. But when it comes to giving consent or refusing life-sustaining treatment, the Attorney must have been given permission to make these decisions when the LPA was made.
Property & Financial –LPA
An LPA for Property & Financial affairs allows the people you have chosen to help you with your finances if you lose mental capacity. They may assist with the running of your bank and savings accounts, including opening, closing, and using the accounts. In addition, they would have the power of making or selling investments. They would have the power to consider whether your home needs to be sold.
When considering LPA(s) you would need to make some serious choices and decisions as this would have long term implications. If Fisher Jones Greenwood can assist you in discussing Lasting Powers of Attorney then please feel free to contact us on 01206 700113 or email [email protected] to arrange a mutually convenient appointment. Fisher Jones Greenwood can also undertake home visits should the need arise.