Advising on a Lasting Power of Attorney

A Lasting Power of Attorney is something that everyone should consider making and something that is often overlooked. Under a Lasting Power of Attorney you can make the choice of who you want to look after your affairs should you ever be in the position that you cannot do this for yourself. This could because of dementia or if you were to be incapacitated by an accident or sudden illness which takes away your ability on a permanent or temporary basis to make your own decisions.

By making a Lasting Power of Attorney the choice is up to you on who you would put your trust in should the eventuality arise that you can no longer take care of yourself or your affairs. The grim alternative if you do not make one and the worse should happen it is your next of kin or a local authority would have to make what is known as a Deputyship Order application on your behalf to the Court of Protection. The downside of this is that it can take many months to be granted and during this period your financial affairs will effectively be unmanaged.

The two types of attorney

Financial Decisions

As this states it allows you to appoint someone to take over your financial affairs should the need arise. The use of an attorney here would be of the utmost necessity because under the Data Protection Rules no one could obtain information on your financial affairs such as bank accounts or your liabilities even if it was in your best interests for this information to be given. This Power of Attorney will allow the person you have appointed to step in and act on your behalf and in your best interest.

Health and Care

This is where you can appoint someone to make medical decisions on your behalf should you be in the unfortunate position that you cannot do so yourself. It means that you can make decisions in advance concerning the type of medical treatment that you would and would not like to receive and entrust your appointed attorney to carry out your wishes.

Importantly either type of attorney has to be made while you have sufficient mental capacity to make one.

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