Lasting Powers of Attorney
What would happen if you were unable to manage your property, financial affairs, or, personal welfare; perhaps through an accident, illness, or even during foreign travel?
If your capacity should fail, for any reason, even your spouse/partner has no right of access to your assets and affairs. In such circumstances the Court of Protection would take over responsibility, unless a valid Lasting Power of Attorney for Property and Financial Affairs is in place. (Formerly: - Enduring Power of Attorney)
A Lasting Power of Attorney (LPA) will allow you to appoint relatives, friends or a professional to act on your behalf.
There are two types of LPA:
Property and Financial Affairs
This will allow you to choose people you trust to make decisions about how to spend your money and to manage your property and affairs. Perhaps ensuring that your spouse or children may remain in control of your affairs should you require assistance in future.
Note: An existing Enduring Power of Attorney (EPA) does not need to be replaced if it remains valid. However, many are being replaced with new LPA's for Property & Financial Affairs, since, once an EPA has been registered the Donor cannot regain control of their affairs, even if their capacity should return following a period of illness; such limitations do not apply under the LPA rules and this flexibility is proving to be more attractive.
Health and Welfare
Whilst a spouse can already make decisions about our medical treatment if we no longer can, this does not extend to our children.
This document will allow you to choose people you trust (such as friends, relatives, or children over 18) to make decisions about your health and welfare. This would include a decision to refuse, or consent, to certain medical treatments on your behalf. A Health and Welfare Attorney may also help decide other matters, such as where you live, if you are unable to make this decision by yourself.
In either case, a Lasting Power of Attorney must be completed whilst you retain full capacity to give your own instructions and it must be registered with the Office of the Public Guardian before it can be used; a process which can take some months to complete.
