Powers that Last for Attorney's

August 11, 2017

 

Steve offers lectures on the Mental Capacity Act relating the role of the Attorney to the Act and its requirements.  Its important to walk the road in the right direction. 

 

There are two types of Lasting Power of Attorney (LPA). The first and most commonly registered is a Property and Financial Affairs LPA and the second type is a Personal Welfare LPA.

 

One allows the attorney(s) to deal with all financial matters and the financial institutions will only allow access upon its production, the other allows the attorney(s) to make decisions about health and care issues. There can be more than attorney appointed. 

 

A person over 18 years (the donor) can donate their authority to another trusted person(s) to make decisions for them when they lack the mental ability to do so themselves. Usually the attorney(s) are family members, husband and wife with sons and daughters or brothers and sisters.

 

The attorney(s) always have to act in the person’s best interest and that is why usually family members are appointed. It can of course be non-family members.

 

People lose mental capacity for many reasons and capacity can fluctuate over time. People become ill or in some cases sustain a significant head injury.

 

You can put an LPA in place now and at any time before you lose capacity. The problem for family members occurs when no LPA has been put in place and they are needed. Family members have to go to the Court of Protection and apply for them to be put in place and this incurs considerable costs.

The notion of considering LPA’s at the same time as a Will is to ensure that you have had the opportunity to make arrangements to enable people to look after you if you lose capacity. 

 

Instructions can be given to attorney(s) or the donor can outline what decisions they would prefer attorney(s) to take. These are all important decisions and 

 

If you want to make a Will or Lasting Power of Attorney then contact Steve Bryan at Eagle Estate Planning  on 07854 585 585 or by email info@eagleestateplanning.co.uk

 

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Located in Heage, Derbyshire
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