There are two types of LPA:
Property and Financial Affairs LPA
This LPA will allow your attorneys to assist and act on your behalf in relation to your property and finances. You can decide if they are to act for you straight away (if there is a need) or only if you become mentally incapable of managing your financial affairs.
Your attorneys would be able to:
Health and Welfare LPA
This LPA would give your attorneys authority to make decisions in relation to your welfare and health care decisions, when you lack mental capacity to do so yourself.
Your attorneys would be able to:
The authority could also extend, if you wish, to a range of medical issues including giving or refusing consent to the continuation of life-sustaining treatment such as surgical operations, chemotherapy or organ transplant.
A General Power of Attorney allows an Attorney to make financial decisions on your behalf for a temporary period of time.
However, as soon as you lose mental capacity, the General Power of Attorney will expire. This means it's not suitable if you need someone to manage your affairs after you've lost the ability to do it yourself.
You may want to set one up if, for example:
The above Powers of Attorney can only be made by a Donor if they have the required mental capacity. If a Donor does not have capacity, then a Deputyship Order may be required.
A person who takes out a Deputyship Order on behalf of someone else is known as a Deputy, and is authorised by the Court of Protection to make decisions on that person’s behalf.
We can help prepare applications on behalf of a prospective Deputy, and we can also assist deputies in managing their deputyships and in making further applications to the Court when required.
We also deal with the registration of existing Enduring Powers of Attorneys and can advise on the duties of an Attorney.
We can act as Attorneys and regularly assist with the day to day management of a Donor’s affairs.
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