Lasting Power of Attorney – It’s Best to Make Both at Same Time
By making both types of Lasting Power of Attorney at the same time, you can ask the same people to witness them making the process as streamlined as possible, and you’re in a great position to allow your chosen Attorney(s) to make decisions if and when they need to.
If you don’t have anyone you feel you can trust to be your Attorney, you can appoint a Solicitor to take on this important role for you.
There are two types of Lasting Power of Attorney, which are also known as LPAs. They are:
- Property and Financial Affairs LPA
- Health and Welfare LPA
These two Lasting Powers of Attorney cover different aspects of your life and can be used at different times, so it’s important you know exactly what each one does and when it can be used. We explain both types of LPA below.
You can ask a specialist Wills and Trusts Solicitor to help you with your Lasting Powers of Attorney, or you can do them yourself. The benefits of having a Wills and Trusts Solicitor help you with your LPAs are:
- They can provide specialist legal advice on who to appoint and some of the things you should consider before appointing an Attorney
- They will make sure your application is submitted without any errors which could result in a delay implementing your Powers of Attorney.
For specialist legal advice on making and registering your Lasting Powers of Attorney, contact our Wills and Trusts Solicitors.
Property and Finance LPA
A Property and Finance Lasting Power of Attorney allows your appointed Attorney to make decisions relating to your property and financial affairs. In practice, this means that your Attorney can access and manage your bank or building society accounts, pay your bills, collect your pension or benefits and sell your home.
Health and Welfare LPA
A Health and Welfare Lasting Power of Attorney gives your Attorney the power to make decisions about your health and welfare. This can include your daily routine, such as how often you wash, the clothes you wear, the food you eat, and who you see. Your Attorney can also make decisions about your medical care, including deciding if you need to move into a care home or decisions about any life-sustaining medical treatment.
It’s really important to understand that a Health and Welfare Lasting Power of Attorney can only be used once you lose mental capacity. If you are capable of making decisions for yourself, you can have your Lasting Power of Attorney in place, but your Attorney can’t act or make any decisions for you until your doctor says that you no longer have the mental capacity to make these important decisions for yourself.
Choosing Your Attorneys
It’s important that you take the time to choose your Attorneys carefully as you are giving them lots of responsibility to access your finances and make important decisions about your life when you can’t.
It’s important to get legal advice from a specialist Wills and Trusts Solicitor who can give you advice about how many Attorneys you should appoint. It’s important to have more than one in case one of them dies or lose capacity themselves. But if you appoint too many, you could find that no one can agree and decisions aren’t being made as a result.
A Wills and Trusts Solicitor can help draft your Lasting power of attorney in a way where you can appoint attorneys and substitute attorneys to avoid this trouble.
Making Your Lasting Powers of Attorney
One of our Wills and Trust Solicitors can help you put both your Property and Financial Affairs and Health and Welfare Lasting Powers of Attorney in place quickly and efficiently.
We’re happy to help you plan for the future and make sure you’re protected.
For free legal advice call our Wills & Trusts Solicitors
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