Lasting Power of Attorney – Guest Blog from Rucklidge Law

What is a Lasting Power of Attorney?

Looking towards a future where you may need help and support is not a topic that many of us want to think about.  But in reality, there probably will come a time where you may no longer be able to make decisions for yourself and you will probably want to make sure that the person who makes those decisions for you is someone you know and trust.  Decisions like where you will live, what care you receive, and anything to do with your finances.  This is where setting up a Lasting Power of Attorney can help.

Why do I need to appoint a Lasting Power of Attorney?

A common assumption is that a person’s next of kin will be able to make decisions on their behalf – but this unfortunately isn’t the case.  There are data protection laws in place that prevent banks or doctors’ surgeries from dealing with anyone else unless they have the authority to do so, which is what appointing an Attorney under Lasting Power of Attorney provides.  And bigger decisions surrounding finances and property cannot be made without legal authority.

 

If you plan ahead, you can set up a Lasting Power of Attorney, also known as an LPA, for someone to manage your affairs for you, should a time come when you are no longer able.  You can choose someone that you trust, and if you like you can appoint more than one person.  They can help make you to make decisions (if you still have mental capacity) or make decisions on your behalf should you lose mental capacity temporarily or permanently in the future.

 

Anyone over the age of 18 can appoint an LPA as long as they have the mental capacity to understand the document and the power that they are giving to their Attorneys.

The Two Types of Lasting Power of Attorney (LPA)

Health and Welfare LPA – allows the Attorney(s) to make decisions about your health and welfare only if you lack the capacity and are unable to make these decisions for yourself.  Such decisions can include choosing where the person might live in the future and the type of care that they might receive or giving / refusing consent to medical or life sustaining treatment

Property and Finance LPA – allows the Attorney(s) to manage your finances and property, for example, paying bills, dealing with bank accounts or investments or selling property if necessary.

 

Putting a Lasting Power of Attorney is place is a helpful way to plan for your future, which is why many people put it in place at the same time as writing a Will.  It’s never too early to do this, and once in place, It will give you the peace of mind to know that someone you trust will take care of your affairs, if the time comes when you are no longer able.

Rucklidge Law is a family-owned law firm, covering the Yorkshire area.  We specialise in helping people to plan for the future.  As well as Lasting Power of Attorney, we also help our clients with Will Writing and Probate services.  

Contact Rucklidge Law for a free 30-minute legal consultation.

Email us at [email protected]

Call us on 01904 806031

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