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The Two Types of Lasting Power of Attorney

Advice Written by Philip Hands 09 Jun 2017

Putting your affairs in order will make things much easier for your relatives, should this happen. They might otherwise have difficulty making decisions or managing matters on your behalf. If this is left until somebody has lost mental capacity, there are much more limited options available for those who wish to help.

A Lasting Power of Attorney gives someone who you have chosen - 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 Attorney(s). Clearly, it should be somebody who you trust, and who will not find the task too burdensome. Your attorney could be a family member, a friend 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. 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 in the event that they are needed.

Our team of experts will make the process as simple as possible, giving you peace of mind that your affairs are in order. 

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