Lasting Powers of Attorney (LPAs) replaced Enduring Powers of Attorney in October 2007 following the introduction of the Mental Capacity Act 2005. However, existing Enduring Powers of Attorney remain valid. LPAs are completed while the person still has mental capacity and it cannot be used before it has been registered with the Office of the Public Guardian.
There are two types of Lasting Powers of Attorney:-
(1) To cover your Property and Financial Affairs (allowing an attorney to make decisions about paying bills, dealing with the bank, collecting benefits, selling your house, etc.)
(2) To cover your Health and Welfare (allowing decisions on treatment, care, medication, where you live, etc.)
The LPA gives your chosen Attorney(s) the power to make decisions on your behalf if you are unable to do so yourself, due to infirmity, mental incapacity, illness, or absence abroad.
The Health and Welfare LPA incorporates an Advance Directive where you can select an option to either give or to not give your Attorney(s) authority to consent or to refuse life sustaining treatment.
Putting in place LPAs appointing Attorneys whom you trust most avoids the circumstances of someone else whom you may not have chosen to apply to the Court of Protection for authority to look after your affairs. This is a lengthy and costly process about his.
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