What is Power of Attorney?

March 2020

Lasting Powers of Attorney (LPA) are documents whereby you give somebody the right to deal with your matters

People often wish to appoint someone to make decisions on their behalf or act for them should they not be able to do so themselves. This can be done by a LPA which enables a person who has capacity and is over 18 years old to choose one or more people to act on their behalf and make decisions for them if they themselves are unable to do so.

There are two types of LPAs: -

1. A property and affairs LPA is for decisions about your financial affairs such as selling your house.
2. A personal welfare LPA is for decisions about your health and welfare such as where you want to live and what medical treatment you do or do not want to receive.

The person you appoint as your attorney can make decisions as if they were you. They must act in your best interests. The LPA must be registered with the Office of Public Guardian (OPG) before it can be used. Until such time as it is registered, your attorney will not have any legal powers to make decisions or act on your behalf. You can register the LPA whilst you have capacity and the persons you appoint as your attorney can apply to register it at any time.

Courtyard Wills and Probate Solicitors can advise you fully as to what matters you should consider before making an LPA, prepare the document for you and arrange for its registration.

If you would like some advice in connection with Power of Attorney please contact our Senior Partner Sean White

 

 

 

 

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