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Wills, Trusts & Power of Attorney

By Nicolae Trofin

01424 217871

Lasting Power Of Attorney

These are documents that enable you to give legal authority to a person or persons who you trust, called Attorneys, to manage your affairs for you or make decisions on your behalf, when you are not in a position to do so yourself, for example following an accident, stroke or the onset of dementia.

There are two kinds of Lasting Power of Attorney (LPA), one that deals with your Property & Financial Affairs and one that deals with your Health and Welfare. The former would enable your Attorneys to do things like draw your pension or pay your bills or sell your property on your behalf. The latter would enable your Attorneys to make decisions related to your health and personal welfare, for example what sort of care you receive, but this type of LPA can only be used once you lose mental capacity.

Both types of LPA must be registered by the Office of the Public Guardian, before they can be used by your Attorneys.
Your Attorneys cannot do whatever they like. They must follow the principles of the Mental Capacity Act 2005. Your Attorneys must act in your best interests in making decisions for you when you are unable to make the decision in question yourself.

Although we all tend to think of Wills and Lasting Powers of Attorney documents as useful for later life it's important to think what would happen now if you were unfortunate enough to have an accident or serious illness.This lasting power of attorney is a legal document.

1.PROPERTY & FINANCIAL AFFAIRS

Purpose of this lasting power of attorney

This lasting power of attorney gives your attorneys authority to make decisions about your property and financial affairs when you cannot make your own decisions. This can include running your bank accounts and savings accounts, decisions about making or selling investments and selling property, and spending your money.

2.''HEALTH & WELFARE''

This lasting power of attorney is a legal document.

Purpose of this lasting power of attorney

This lasting power of attorney gives your attorneys authority to make decisions about your health and welfare when you cannot make your own decisions.
This can include where you live, who visits you and the type of care you receive.

Common rules for both, Property & Financial Affairs and Health & Welfare:

When your attorneys can act for you

Your attorneys can use this lasting power of attorney only after it has been registered and stamped on every page by the Office of the Public Guardian. Your attorneys can only act when you lack the capacity to make the decision in question. You may have capacity to make some decisions about your personal health and welfare but not others.

The Mental Capacity Act

Your attorneys cannot do whatever they like. They must follow the principles of the Mental Capacity Act 2005.
Guidance about these principles is in the Mental Capacity Act Code of Practice. Your attorneys must have regard to the Code of Practice. They can get a copy from The Stationery Office at tso.co.uk or read it online at publicguardian.gov.uk

APS Legal & Associates is a Member of the Institute of Professional Will Writers

APS Legal & Associates complies with the TSI Approved IPW Code of Practice

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