Lasting Powers of Attorney
Lasting Powers of Attorney are legal documents that give authority to someone you have chosen to act as your attorney.
A Lasting Power of Attorney can be tailored to include decisions concerning your finances and property as well as your health and wellbeing needs for the future. For example, if you begin to suffer from dementia, you may want a member of the family to look after you and give them the power to make decisions concerning your medication or whether you should be given care in a specific way.
The key part of Lasting Powers of Attorney is appointing someone to act as your attorney. This is allowed under the Mental Capacity Act. The attorney, despite the name, does not have to be a solicitor or legal expert. It can be anyone you choose to nominate. The most common choices are partners and children who are over the age of 18.
You can decide how much power you wish to give to your chosen attorney. You might want your attorney to make decisions about your daily routine in the future, such as what medication or treatment you receive. They can decide whether you get life-saving treatment or whether you go into a care home. Your attorney has a duty to act in your best interests and you can include in the Power of Attorney specific instructions and/or preferences for them to abide by.
For example, you may want to add into the wording that you don’t want to be resuscitated after a heart attack or that you don’t want a blood transfusion or a certain medication because of your religious beliefs.
The notion of being mentally incapacitated can be worrying when you are considering them in the cold light of day. The LPA is made by you when you have mental capacity and is there to protect you if you later lose the ability to make decisions yourself.
A Financial and Property LPA gives your attorney authority to act on your behalf when it comes to matters of money and property. It might be as simple as paying the bills, dealing with the bank or even selling your property.
For further information on LPA’s click here
Whichever LPA you choose – and you can have both – it is essential that your attorney or attorneys (you can appoint up to 4 attorneys) are trustworthy and dependable.
We often associate losing mental capacity with conditions such as dementia and Alzheimer’s in later life, but the unexpected can happen to anybody at any time. Sadly, accidents happen and life-altering conditions such as strokes can occur at random. A lasting power of attorney essentially means you have the legal framework in place to ensure someone can take over your responsibilities and ensure that they carry out your wishes.
If you would like to discuss what is involved in taking out a Lasting Power of Attorney call us on 01925 937070 for a free consultation. We have the experience to guide you through the process.
