Lasting Power of Attorney Solicitors in Harpenden

Lasting Power of Attorney Solicitors in Harpenden

Should the worst happen, and you lose your mental capacity you can protect your property, finances and health and welfare with a Lasting Power of Attorney, (LPA).  This is a legal document whereby you can give another person (‘your attorney’) authority to make certain decisions on your behalf.

What is a Lasting Power of Attorney?

A LPA is a legal document made by an individual, while they still have mental capacity, which nominates a trusted person who could be a relative or friend to look after their property and finances or make decisions about their health and welfare when they are unable to make such decisions themselves.

The important issue here is that LPAs are not effective until they are registered with the Office of the Public Guardian. With the LPA for property and financial affairs, this can be used as soon as it has been registered. With the LPA for health and welfare, it must be registered with the Office of the Public Guardian but the person making the LPA must also have lost their mental capacity to make those decisions themselves.

You do not suddenly have to give up control once you have made LPAs. You can choose whether your LPAs can be used either before or only when you have lost mental capacity.

Health and Welfare

The LPA for health and welfare allows you to appoint someone you trust to make decisions regarding your medical treatment and health when you lack the capacity to do so. It also provides the flexibility to deal with unforeseen circumstances that a Living Will may not be able to provide.

In addition, you can also give someone authority to make decisions regarding your personal welfare such as who looks after you or what care home you should live in. Without this, you are reliant on the authorities making such decisions on your behalf.

Living Will

When you lack the mental capacity to make decisions regarding your medical treatment, your doctor will have to make a decision on your behalf “in your best interests”. The doctor will take into account the views of whoever you have named as your Next of Kin (not necessarily a family member) but are not obliged to agree with them.

By making a Living Will, you can direct what decisions your doctor should make in certain circumstances and appoint someone to be your Next of Kin.

Lasting Powers of Attorney are not just for the elderly

Statistically the older you are the more likely you are to have an illness that can affect your capacity. However, younger people are not immune to illness and anyone regardless of their age could have an accident which leaves them without the capacity to deal with their own affairs. Anyone who is active in anyway should ensure that they have an attorney appointed.

How we can help

If you would like to speak to someone about setting up a Lasting Power of Attorney please call our team of specialist Lawyers in Harpenden on 01582 715234, email info@nevesllp.co.uk or complete our Online Contact Form and we'll get back to you.

 

See also

Thinking about putting an LPA in place?

Thank you so much for all your efforts on behalf of my father over the last five months. Despite delays beyond your control you have done all you could to expedite the matter, and now it is complete. We both appreciate your professionalism and your caring approach.

Nina Gurra
Senior Associate - Private Client
Jennifer Duckett
Solicitor - Private Client