Lasting Powers of Attorney
What do Powers of Attorney do?
1. The Property and Financial Affairs LPA: This allows someone to make decisions about your property and finances and can be used whilst the donor still has mental capacity and also when they have lost capacity. We recommend this as an essential option for all clients as it can be used when you are physically incapacitated e.g. following surgery or illness.
2. The Health and Welfare LPA: This allows someone to make decisions about your health and welfare. It can only be used when the ‘donor’ has lost mental capacity. Decisions regarding medication, surgery and life sustaining treatments can be made by your attorney with this LPA and future housing or care home placement will also be covered.
3. The Business LPA: This allows someone to make decisions about your business affairs and can be used whilst the donor still has mental capacity as well as when they are mentally incapable. We do consider this to be essential for business owners as it ensures the continuity of your business.
Preparing a Lasting Power of Attorney (LPA) allows you the opportunity to make provisions in the event that you become incapable of managing your own affairs in the future.
The person(s) you choose will be known as your Attorney(s) and they must be over the age of 18.
When you have appointed your Attorney(s) you are referred to as the ‘Donor’.
When considering who to appoint as your Attorney(s) there are a lot of factors you need to consider so get in touch today.
Usually there are two types of LPA. Here at LCS, we offer our clients a third option:
Court of Protection/Deputyship
A Court of Protection Deputyship Application helps people if they do not have the mental capacity to make their own decisions.
A Deputyship order is necessary when someone lacks the mental capacity to manage their own affairs. A Deputyship Application to the Court should be made where someone has not previously made a Lasting Power of Attorney or, where Attorneys are unable or unwilling to act.
In these circumstances the Court will give the powers to someone to act on your behalf, this person is known as a ‘Deputy’.