Lasting Power of Attorney

Planning ahead now means the people you choose can step in when you need them most

A Power of Attorney (POA) is a legal document that allows another person to manage your affairs if you become unwell or unable to manage them yourself. A Lasting Power of Attorney (LPA) is a type of POA that remains legally binding even if you lose mental capacity in the future.

Many people make a POA so that their chosen relatives or friends can help them to manage their affairs if they become unwell or unable to manage.

Making a POA does not mean giving up all your rights and powers. You can make one at any time as long as you have mental capacity. You can then direct your attorneys to begin acting when you want them to or they can start helping if you become unwell and unable to manage

There are two types of LPA:

1. Property and Affairs: This allows your attorneys to manage your money, property and finances. They can pay your bills, transfer or invest your money, or sell your house if needed.

2. Health and Welfare: This LPA allows your attorneys to make decisions about your health and care, including what medical treatment you receive and where you live. These decisions can only be made if you cannot make them yourself.

In the case of both LPAs your attorney must always assume, encourage and allow you to make your own decisions if you are able to. They must always act in your best interests and consider your rights and freedoms as an individual.

They are not permitted to make gifts of your money (to themselves or others) other than what you might usually and reasonably give for normal events such as birthdays, Christmas or weddings.

You can appoint more than one person and there are various ways in which you can appoint your attorneys. It is often worthwhile appointing more than one person if you can to ensure that you have a back up attorney if one should be unable to act.

Your Will only has legal power when you die. You need an LPA for your attorneys to help you manage your affairs during your lifetime.

While you are alive, an executor named in your Will has no power to manage your affairs. An attorney under an LPA does not have the power to change or cancel your Will.

We always advise discussing the process with a friendly, knowledgeable member of our Wills, Trusts & Probate team to understand how to appoint attorneys and whether you need to include any additional instructions.