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What is it?

Lasting Powers of Attorney (LPA’s) have replaced Enduring Powers of Attorney (EPA’s) and allow a person "the Donor", to appoint an "Attorney", or "Attorneys", usually friends or family, to act on their behalf. They are much more versatile than a General Power of Attorney and can be made to last for the Donor’s lifetime.

There are two types of Lasting Powers of Attorney (listed below), and the Donor can choose to have either one or both of them. Lasting Powers of Attorney can be created to cover a vast variety of situations and there is more detail available from the government website www.direct.gov.uk.

Frequently, friends and family are appointed and you should only appoint people you trust as they will have considerable powers over your affairs. Many people like to appoint more than one Attorney in case, in case that Attorney is unable to act. You can also decide how the Attorneys are to act, for example individually, meaning any one of the Attorneys can carry out an act on your behalf or jointly, in which case they have to agree, or in any combination you deem appropriate, which can also be different for different situations. Powers of Attorney therefore allow a great deal of flexibility.

Finally, Lasting Powers of Attorney only become valid and useable upon registration with the Office of the Public Guardian. You can plan for them to have immediate effect upon registration, or you can plan for them to be used at some future point in time, usually if you become physically or mentally incapable of looking after your own affairs.

Property & Affairs

This allows you to choose one or more people to make decisions on your behalf regarding your property and financial affairs.

You can appoint a property and affairs Attorney(s) to manage your finances and property whilst you still have capacity as well as when you lack capacity. For example, it may be easier for you to give someone the power to carry out tasks such as paying your bills or collecting your benefits or other income. People use these for many reasons, such that they simply find this easier than going to banks and shops, or they may be out of the country for long periods of time. Each Power of Attorney is individually created for the unique situations and the Powers of Attorney can be either all encompassing, or restricted to certain property and affairs.

Personal Welfare

This document allows your Attorney(s) to make decisions on your behalf regarding your personal healthcare and welfare, and can only be used when you lack the capacity to make these decisions yourself, usually because of a serious accident or dementia.

You can decide to give your Attorney the power to make decisions about any or all of your personal welfare matters, such as; giving or refusing consent to particular types of health care, including medical treatment decisions; or whether you continue to live in your own home, perhaps with help and support from social services, or whether residential care would be more appropriate for you.

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