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What is a Lasting Power of Attorney

and why is it recommended I have one?

A Lasting Power of Attorney (LPA) is a legal document which allows you (the Donor) to choose a person or persons that you trust to make certain decisions on your behalf.

Granting an LPA gives you peace of mind to know that should you be unable to manage your affairs and/or look after yourself through mental or physical incapacity or general frailty then a person of your choosing will be able to manage your affairs and/or your welfare on your behalf.

There are two different types of LPA via which you can appoint attorneys to act on your behalf in relation to your health and welfare, and/or your property and financial affairs.

You can only set up an LPA while you have the mental capacity to make decisions. If you become mentally unable to make your own decisions, the Courts will appoint a Deputy to work on your behalf. A Deputy works very much like an Attorney but has the added complexity of strict Court oversight and involvement (which results in the inevitable extra costs and delays for you in the long run).

 

Who should have an LPA?

We believe everyone over the age of 18 should set up an LPA as it will give you complete peace of mind to know that if your health does decline you can rest in the knowledge that someone of your own choice, someone you trust, will be looking after your affairs for you.

For further information on  Legal Powers of Attorney please contact the Wills & Probate team.

Gaynor Cooke

Gaynor Cooke

Partner & Head of Wills and Probate