It is a legal document that allows a person of your choice to make decisions on your behalf. When making an LPA, you are known as the Donor because you are donating the ability to make decisions to someone else.
The person you are donating that ability to is known as your Attorney. You can have more than one Attorney.
Making a Lasting Power of Attorney now gives you the ability to control your future whatever happens. Hopefully you will never need to use it.
Figures show that the number of people suffering with dementia are on the rise. According to the Alzheimer’s Society, by 2025 there will be one million people living in the UK with dementia. The Brain Injury charity Headway say that there are an estimated one million people living in the UK with the long-term effects of brain injury.
Yes – there are three different types; Enduring, Lasting and Ordinary. Enduring Powers of Attorney are Powers of Attorney which were in place before October 2007.
Yes – they are still valid today but you cannot make a new Enduring Power of Attorney. However a financial institution may not allow you to use this because it has not been registered with the Office of the Public Guardian. If someone loses mental capacity, then the Attorneys need to register the Enduring Power of Attorney with the Office of the Public Guardian.
A Lasting Power of Attorney is the successor to the Enduring Power of Attorney. They are registered with the Office of the Public Guardian before they are effective and before they can be used. There are two different types; one for Property and Financial Affairs and the other for Health and Welfare.
This Power of Attorney is used for specific tasks and can be used for selling property if you are unable to sign the documents yourself because you are not in the country for example. These are temporary and cannot be used if you lose mental capacity.
This is a Government body set up to protect vulnerable people who lack mental capacity. They are responsible for registering Enduring Powers of Attorney and Lasting Powers of Attorney.
Unfortunately none of us know what the future holds, therefore it is best to ensure your wishes are set out as sooner rather than later. A Lasting Power of Attorney does not have to be used straight away but by ensuring it is in place helps avoid delay in dealing with your affairs if and when it becomes necessary.
Any solicitor can say they are experienced in what they do. We go the extra mile to demonstrate our expertise. Many of our lawyers have undertaken independent assessments of their knowledge and skills. Our accreditations give you the assurance that you are dealing with a specialist.
By submitting this form I agree to allow Waldrons Solicitors Ltd. to process my details in accordance with Waldrons’ privacy policy.
