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Lasting Power of Attorney

  • A Lasting Power of Attorney (LPA) makes it possible to appoint a nominee or a set of nominees, to make decisions pertaining to the person’s finances, property, or welfare.
  • There are basically two types of LPAs, Health, and Welfare LPA and Property and Financial Affairs LPA. As the nomenclature suggests, the former is to assign nominees to take decisions on matters related to medical treatment and related affairs, and the latter is to assign nominees to make financial and property related decisions, such as paying bills, making a sale, and other activities.
  • An LPA ensures there is someone capable and responsible for taking decisions on a person’s behalf, when they are no longer capable of doing so, for any reason, or if they simply no longer wish to be involved in making decisions. An LPA becomes especially useful in situations such as the person foregoing mental capacity following an accident, injury or disorder, or when the person turns senile due to old age.
  • It is important to prepare the LPA correctly, to derive full benefits. A good LPA not just nominates people entrusted with the task of making decisions, but also lists out specific decisions to be made.
  • It could also detail how the decisions are to be made. These steps are critical to ensuring the person making out the LPA retains control on how decisions are being made on his or her behalf, rather than blindly trust the judgement of the attorney empowered with the task of making decisions.
  • The attorney is also bound by the Code of Practise of the Mental Capacity Act 2005 to act in the best interests of the person making out the nomination.
  • LPA’s, to be valid, has to be registered with the Office of the Public Guardian, with the signatures of both the person making the nomination and the nominee being witnessed.
  • An LPA is a safe way to ensure one’s financial affairs, health, and overall wellbeing will be looked after, in all circumstances and eventualities. For best results, approach competent and experienced attorneys.
  • We have a team of competent and seasoned professionals, with considerable experience, and undertake the task in a professional manner, after ascertaining your specific needs and circumstances.

Lasting Powers of Attorneys - Understanding the Nature of this Legal Document

A Lasting power of attorney is an essential legal document which gives you the ability to appoint an individual you trust to carry out your affairs if you become incapable of doing so yourself. A Lasting power of attorney still has effect even when you lose physical ability. The law does not require that you be informed of the nature of this document and therefore it is important to know what you are signing before you undertake the task.

When drafting the document, you must be mindful of your position, because a power of attorney may be interpreted in many ways. If you are already incapacitated you should consult a lawyer who specialises in this field of law, but this is not always possible. It can be difficult to determine which conditions mean that you are fit to make decisions on your own. You need to include a provision that clearly states that, if you become unfit to do so, you can appoint someone who is capable of performing the functions you assign.

A power of attorney does not have to be signed by the person whom you appoint. You can indicate your willingness for a person other than the individual to be appointed and then sign it on your own. You can also appoint a particular individual to act on your behalf, but they are not obliged to sign it. The other option is for a third party to take responsibility for your affairs, however they do not have to sign a document if they do not agree with its contents. If a third party becomes incompetent, you can still get away with just saying so.

A Lasting power of attorney can be granted by a person who is not related to you, but who is related to you in some other way. In addition, it can be granted by a person who has some form of relationship with you, such as someone who has lived with you or someone who is employed by you or someone who is your partner or spouse. It can also be granted by a friend or relative who has known you throughout your life. However, the person granted the power of attorney must have the consent of another person who is not related to you in some way.

Before you sign the document, you should be aware that if you do not give the appropriate consent, you could have difficulties later on. If your will give people the authority to do anything, this may include the power to make changes to your will, which would result in problems for you. If, for example, someone is granted the power to sell your house, you might have difficulty in obtaining your property in the future.

This kind of legal document is extremely useful for a wide range of situations. It can be given if someone wants to give someone else some financial support or you want someone to provide for your children during your absence. This can be a good solution if you become incapacitated or unable to help yourself financially. It can also be given if you want your partner to live at home while you are recuperating from an illness or injury and you cannot take care of them on your own.