The Two Types of Lasting Power of Attorney

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Elderly Client Services Article

12 May, 2021

As part of Dying Matters Awareness week (10-16 May) we are encouraging people to talk about dying and the importance of planning for later life.

Unfortunately, situations can arise whereby people become unable to manage their own affairs, whether that be due to mental or physical incapacity. Putting your affairs in order now can make things much easier for your relatives, who might otherwise have difficulty making decisions or managing matters on your behalf. If this is left until someone has lost mental capacity, there are only limited options available for those who wish to help.

A Lasting Power of Attorney gives someone, known as your 'Attorney(s)' legal authority to manage your affairs if you become incapable of managing them for yourself. You can choose who to appoint as your Attorneys and it should be people you trust; it could be family members, friends or a professional person, such as a solicitor. Those people cannot simply 'take' power of attorney over your affairs, you must give them the authority, and this can only be done whilst you have mental capacity. However, a Lasting Power of Attorney continues to be valid even after you have lost capacity or become unable to manage your affairs.

There are two types of Lasting Power of Attorney;

  1. Health and Welfare; this enables your Attorneys to make decisions about social care issues and medical treatment. Decisions may include where you should live, what type of health care you should receive and receiving life sustaining treatment.
  2. Property and Financial Affairs; this enables your Attorneys to make decisions on your behalf in relation to your financial affairs and property. Decisions may include running your bank and savings accounts, selling your property and spending your money to pay your bills or to look after you.

Using a Solicitor to prepare the paperwork on your behalf will ensure that the documents are legally valid and can be used by your Attorneys when they might be needed.

At Forbes Solicitors, our team of experts will make the process as simple as possible, making you feel at ease throughout and giving you peace of mind that your affairs are in order. For more information about making Lasting Powers of Attorney and planning for your future as part of Dying Matters Awareness week, contact Jane Burbidge in our Wills, Probate, Tax and Trusts department or alternatively call 01772 220 022 or send any question through to Forbes Solicitors via our online Contact Form.

Learn more about our Wills, Probate, Tax & Trusts department here

Dying Matters Awareness Week 2021

No Lasting Power of Attorney in place - Applying to the Court of…

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