A lasting power of attorney (LPA) is a legal document that allows you to appoint someone (called an “attorney”) to make decisions on your behalf if you become unable to do so.
There are two types of LPAs: one for financial decisions and one for health and welfare decisions.
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A health and welfare LPA gives your attorney the power to make decisions about your daily routine (such as washing, dressing, eating), your medical care, moving into a care home or life-sustaining treatment. This LPA can only be used if you lose mental capacity to make this kind of decision for yourself.
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A property and financial affairs LPA can be used with your permission as soon as it is registered. It gives your attorney the power to make decisions about money and property for you, for example managing your bank account or building society account, paying your bills, collecting your benefits or pension, selling your home.
Making an LPA can be a good idea for a number of reasons. First, it can provide peace of mind, knowing that you have chosen someone you trust to make decisions on your behalf if you are unable to do so. Second, it can help to avoid disputes or complications if you become unable to make your own decisions, as your attorney will be able to act on your behalf in accordance with your wishes.
If you are considering making an LPA, it is important to choose an attorney (or attorneys) who you trust and who are willing and able to take on this responsibility. You should also consider what types of decisions you would like your attorney to be able to make on your behalf and specify these in the LPA document.
It is also a good idea to discuss your plans with your attorney and any other relevant parties (such as your family) to ensure that everyone is clear about your wishes and the role of the attorney. Finally, it is important to remember that an LPA only takes effect if you lose mental capacity, so it is important to make one while you are still able to do so.
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