There may come a time in the future when you become unable to deal with your own affairs due to age or ill-health. It is important if that situation were to arise, you have appointed someone you can trust (your Attorney), who will have the legal ability to act on your behalf.
That is where a Lasting Power of Attorney (LPA) comes in. It is a prudent and forward-thinking step for a person to take when they are planning their affairs and a move that Caversham Solicitors can help you to make.
An LPA is a document that ensures your affairs are dealt with by a trusted person (or persons) in the event that you are unable to make important decisions due to lack of mental capacity. Appointing someone you trust to make the best decisions for you, guarantees you the peace of mind to know that if such a situation does arise, your decisions will be made as you would want them to be.
There are two types of LPA:
Property & Financial Affairs LPA
– this gives your chosen Attorneys authority to deal with your property and finances as you specify. For example, the buying and selling of property, operating a bank account, dealing with tax affairs and claiming benefits.
Personal Welfare LPA
– allows your chosen Attorneys to make welfare and health care decisions on your behalf, only when you lack mental capacity to do so yourself. For example, where you should live, day to day care. This could also extend, if you wish, to giving or refusing consent to the continuation of life-sustaining treatment.
It is worth planning ahead. When someone becomes incapable of managing their affairs it can be a very difficult time for them and their family and friends. If you lose capacity and have not made an LPA or EPA, it may be necessary for an application to be made to the Court of Protection for an appropriate order to enable someone to act on your behalf. This can be costly, time consuming and stressful for family members.
For further information about making an LPA please contact one of our team who would be pleased to help.
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