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Lasting power of attorney

If you still have mental capacity and wish to appoint someone to help you should you be unable to make decisions yourself, such as after an accident, injury or illness, you will need a lasting power of attorney (LPA). An LPA can be made at any time you wish, so long as you still have mental capacity to make decisions yourself.

Our specialist solicitors can help you if you’re thinking of appointing an attorney, assisting you in making the right decisions for you and completing the relevant forms. They can also act as a professional attorney for you if you do not have any family or friends who you wish to appoint.

There are two types which depend on what decisions you are allowing someone to make on your behalf. The two types are health and welfare, and property and financial affairs.

A health and welfare LPA is put in place to help make decisions about the care you receive, including moving to a residential care home and the right setting for you, any medical care or treatment you need, your everyday care such as washing, dressing and eating and any life-sustaining treatment you receive. This type of LPA can only be used if you lose capacity. If you can still make decisions yourself, you will continue to do so as normal.

A property and financial affairs LPA is put in place to help make decisions around your finances and money, as well any property you own or purchase. This can include managing your bank accounts, paying invoices and bills, arranging benefits and pension payments and selling, adapting or buying a home. A property and financial affairs LPA differs from health and welfare and can be applied as soon as it is registered. This means the person appointed as your attorney can start helping to make these decisions straight away, providing they have your permission.

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Preparing a lasting power of attorney

You can prepare an LPA yourself. However, it can be beneficial to seek legal advice to ensure all the details are completed correctly, reduce the risk of it being rejected and ensure the details of the LPA are exactly as you wish, and that no errors are made.

We can help you with the entire process, from preparing the correct forms and ensuring everything is completed correctly, to registering it for you. Having this help and support takes the stress away and ensures everything is in place for you.

Our solicitors can also act as a professional power of attorney for you, easing the stress on family members in making decisions should you lose capacity. This will mean they have the time to concentrate on the care and support you may need, removing some of the strain and responsibility from them.

You can speak to one of our specialists today to find out more about lasting powers of attorney and how we can help you and your family.

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