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Lasting Powers of Attorney
We are all living longer. This brings its own set of problems, including the risk of loss of mental capacity through illness or injury. Everyone knows we should all make a will, but not everyone considers making provision for the possibility of future mental incapacity at the same time. It is a popular misconception that if someone loses mental capacity their spouse or family automatically has authority to deal with their finances and their health and welfare.
Our experience of dealing with clients, who are left picking up the pieces when someone has lost capacity, shows how worthwhile it is to provide for the future by making a Lasting Power of Attorney (LPA). Under an LPA someone, known as the donor; gives power to someone else, known as the attorney, to look after the donors affairs should they become unable to do so themselves in future.
You can give your attorney authority to make decisions:
- in connection with your health and welfare, including everything from your diet to life sustaining treatment
- concerning your property and financial affairs, including anything from paying your bills to selling your home
If you do not have an LPA then no one will have legal authority to deal with your assets unless they obtain a deputyship order from the Court of Protection. Although your closest relatives might be consulted about your health and welfare the final decisions would be out of their hands.
Attorneys have a very responsible role. Deciding who to appoint and how broad their powers should be needs to be carefully thought through. It is vital that donors and attorneys take advice from a specialist lawyer with the right knowledge and experience.
To speak to someone who can help with LPAs or other mental capacity issues call, email or request a call back from one of our specialist lawyers.
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