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What is a Lasting Power of Attorney (LPA)?

A Lasting Power of Attorney is a legal document that allows you (known as the Donor) to appoint a person or persons (known as the Attorney or Attorneys) to make decisions about matters that concern you should you ever become unable to make those decisions for yourself.

It gives you the chance to appoint those you know and trust to make decisions that are in your best interests when you are at your most vulnerable.

Lasting Powers of Attorney must be registered with the government body known as the Office of the Public Guardian (the OPG) before they are able to be used, and can only be made when the Donor has the required mental capacity to make them. The OPG does charge a fee to register each LPA.

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Why would I need a LPA?

Making Lasting Power of Attorney allows you to take control of your future now by deciding who would make those all important decisions further down the line, in the event of you not being able to make them yourself. Without making LPAs, you leave yourself and your family exposed without the required legal framework to allow others to help you should you require assistance.

There are two different types of Lasting Powers of Attorney

Health and Welfare LPA – this allows the Attorney(s) to make decisions about your health and wellbeing, such as where you live and how you live. Decisions concerning medical intervention and life sustaining treatment are also permitted.

Finance and Property LPA – this allows the Attorney(s) to make decisions regarding your bank accounts, investments and the selling of your property. It would allow your chosen Attorney(s) access to your savings to pay for your care.

It is advisable, in most cases, to make both types of LPA, so as to allow your Attorney to make decisions affecting all the important areas of your life.

Who can make LPAs?

So long as you are over the age of 18 and have capacity, you are able to make LPAs. Making LPAs is extremely important, and much thought should go into the appointment of your Attorney(s).

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