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What is  a Lasting Power of Attorney?

A Lasting Power of Attorney or LPA is a cost effective way of legally authorising someone, who is trusted by you, to make decisions on your behalf in handling your property
and financial affairs and /or your health and welfare decisions, if you lack mental capacity at some point of time in the future or, if you no longer wish to make decisions for yourself. Your attorneys do not have to act immediately if that is you wish and you  can appoint one or more attorneys to act for you, and you can specify how they must work to make decisions on your behalf.

Why is Lasting Power of Attorney so important?

Despite advances  in medical science  there are various illnesses and conditions which may cause  a person to lack mental capacity  including:- 

  • dementia

  • learning disability

  • brain injury

  • mental health illness

  • a stroke or unconsciousness caused by anaesthetic or a sudden accident

  • COVID-19


You can only appoint an attorney to act on your behalf whilst you have the mental capacity top do so; this is important as, if you lack mental capacity at some point in the future, there is no automatic right for say your child, partner, spouse  or business partner to access your assets or make decisions on your behalf,  without an LPA.

An application  may  then have to be to the Court of Protection, by a loved one to be appointed your Deputy, this can be a lengthy and costly process and the Court could appoint someone that you may not  have chosen for yourself , such as  a Court Official, who will make a charge for acting  for you. It is  Most people these days consider an LPA at the same time as writing or updating their will.

Any further question?

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