Do I Need a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) allows someone to make decisions on your behalf if you lose mental capacity.
These decisions could be about everyday things like what to wear or when to pay a bill. Or more important decisions like making investments and deciding where to live.
Someone can lack mental capacity because of a medical condition such as a stroke, or more commonly, dementia. Some people may have capacity to make decisions about some things, but not others. Sometimes their capacity to make decisions may change from day to day.
If you lose capacity to make such decisions, this can create a very difficult situation for you and your family. To avoid this, you can set up a Lasting Power of Attorney (LPA) while you have mental capacity to give someone the authority to make decisions for you. This person is known as an attorney, while the person who makes the LPA is called the donor.
Geoffrey Lurie solicitors can advise you about all aspects of an LPA and ensure your wishes are well catered for.
Loss of Capacity
Where someone loses mental capacity without having made an LPA , it may be necessary to apply to the Court of Protection for a Deputyship Order. At Geoffrey Lurie Solicitors we understand that this can be an extremely stressful time for all concerned. Our team will provide the support and expertise required to guide you through the process. If necessary, we can continue to assist you once an Order has been made.
There Are Two Types of LPA:
- A Property and Financial Affairs LPA – covers decisions about the donor’s property and money.
- A Personal Welfare LPA – covers decisions about the donor’s healthcare and personal welfare.
An LPA From Geoffrey Lurie Solicitors Newcastle
At Geoffrey Lurie Solicitors Newcastle upon Tyne, we have the expertise to advise you on the benefits of having an LPA. We will help you to create a document tailored to your individual needs.
The role of attorney involves a great deal of power and responsibility. You must be able to trust your attorney(s) to make decisions in your best interests. It is therefore most important that you think carefully about who you appoint, how you appoint them, and the powers you want them to have. As part of our service, we will discuss this with you to ensure that the final document is right for you.
We are also able to assist in registering both Lasting and Enduring Powers of Attorney with the Office of the Public Guardian.
Enduring Powers of Attorney
Enduring Powers of Attorney (EPAs) are the predecessor of the Lasting Power of Attorney, but could only be made in relation to a donor’s financial affairs. Whilst it is no longer possible to make an EPA, those created before the change in the law remain valid. The rules for when EPAs need to be registered with the Office of the Public Guardian are however different to the rules for LPAs. It is therefore important for attorneys acting under an EPA to be aware of the circumstances when they have a duty to register the EPA and act accordingly.
Ordinary (or General) Power of Attorney
It is also possible set up an Ordinary Power of Attorney. This gives someone else the power to handle your financial affairs, but is only valid while you have mental capacity to make decisions. Ordinary Powers of Attorney can be useful in certain situations e.g. extended trips abroad.
Enquire About a Power of Attorney Now
All initial enquiries are without obligation. So if you are considering a Lasting Power of Attorney for you, or any family member, please call us now on 0191 466 1444. Alternatively complete a Free Online Enquiry, or email firstname.lastname@example.org and we will soon be in touch.