A Lasting Power of Attorney is a legal document that allows you to plan who would be able to step in and make decisions for you should you lose your mental capacity.
Having a Lasting Power of Attorney in place offers security for you and those close to you and lets you decide what should happen if you are unable to deal with your own affairs due to illness, injury or old age.
Without a Lasting Power of Attorney your loved ones may need to apply to the Court of Protection for a Deputyship Order which can be costly, stressful, protracted and time consuming.
There are two types of Powers of Attorney:
- A Property and Financial Affairs Lasting Power of Attorney allows you to choose one or more persons to look after your financial affairs and make property and financial decisions on your behalf. You can specify whether the Lasting Power of Attorney comes in to force only once you no longer have mental capacity or immediately.
- A Health and Welfare Power of Attorney enables you to choose one or more persons to make decisions about your welfare and medical treatment and ensure your wishes are carried out. This Power of Attorney can only be used when you no longer have mental capacity yourself.
If you choose more than one Attorney, you can give them authority to act alone or require them to act together either jointly or jointly and severally. You can also nominate a replacement attorney.
You can make a Lasting Power of Attorney at any time whilst you have capacity. However, once capacity is lost it will be too late to make one and an application to the Court of Protection for a Deputyship may be required instead.
We have a great deal of experience in preparing and registering Lasting Powers of Attorney and offer clear advice and support at each stage of the process.