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Why you should consider a Lasting Power of Attorney (LPA)

Lasting Powers of Attorney can be a vital tool. There are two different types that can be used for the following. 

Property and Financial Affairs (This gives your attorney power to make financial decisions.)

A Lasting Power of Attorney for Property and Financial Affairs can be used to appoint an attorney or more than one attorney to act on your behalf to make a range of decisions, including:

  • the buying and selling of property
  • operating a bank account and generally dealing with financial affairs
  • dealing with tax affairs
  • claim benefits

Health and Welfare (This gives your attorney power to make decisions about your health and welfare.)

A Lasting Power of Attorney for Health and Welfare can be used to appoint an attorney or more than one attorney to make decisions on, for example:

  • where you should live
  • your day-to-day care (including, for example, diet and dress)
  • give or refuse consent to medical treatment

Having an LPA in place can save a lot of stress in the event that someone is generally incapacitated, but their financial affairs still need to be dealt with. It is important to note that a Property & Financial LPA can be used both when you do and do not have capacity, whereas a Health & Welfare LPA can only be used once you have lost capacity. You must have capacity in order to apply for your LPA. 

If you do not have capacity, you cannot apply for an LPA, and it will require somebody to apply to the Court of Protection for a deputyship order. Your deputy will be supervised by the Office of the Public Guardian, and it is a much longer and arduous process to have a deputyship put in place. 

If would like to know more about LPAs and how to make one, then please get in touch to make a free, no-obligation appointment.  


About the author

Erin Dobing

Erin joined the firm in July 2022 as a trainee solicitor and is currently working on both private client and conveyancing matters.

TMJ Legal Services

TMJ Legal Services has been helping individuals and businesses since 1986. We offer a range of advice and services. 

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