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Lasting Powers of Attorney - what are the options?

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There are two options: A Lasting Power of Attorney (LPA) that deals with property and finance and an LPA that deals with health and welfare. They are both different and come with different responsibilities.

It’s easy to think that it’s never the right time to think about what may happen should you lose the ability to make your own decisions, but it’s best to avoid leaving it until it’s too late. Making an LPA will give you peace of mind knowing that your affairs and welfare will be in the right hands and that your wishes are respected and carried out. Julie Partington,  Wills & Tax Solicitor explains, “An LPA is a legal document in which you name one or more people that you trust to look after your financial affairs and/or to make decisions about your health and welfare in the event of you becoming unable to act or think independently for yourself.” This may be due to a stroke, brain injury, dementia or a mental health problem. The people you name in your LPA (your attorney/s) are governed by a strict set of rules legislated for by the Mental Health Act 2005 that require them to act in your best interests.

Health and Welfare LPA: Should you become incapacitated the person/s you have named as your attorney/s would be able to make decisions about your daily care needs and your health care. This includes following your wishes, if any, about receiving life sustaining treatment. You may not be able to communicate your wishes to those caring for you. Property and Financial LPA: In the event of you losing capacity to handle your own affairs your nominated attorney/s would take over the day to day management of your financial affairs – ie – paying bills, maintaining your property etc. Your LPA can be as limited or wide-ranging as you wish and your solicitor will advise you as to what should be included.

Article sign off amend staff and team as necessary – We have offices in the Christchurch, New Milton and the New Forest. Our Wills & Tax team also cover Bournemouth and Poole. For a free initial chat, please call 01202 499255 and Julie or a member of the team will be happy to discuss any questions that you may have.

The content of this article, blog or video is not intended as specific legal advice. For tailored assistance, please contact a member of our team.

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