Notice: This video is an introduction and is not intended to be comprehensive legal advice. It sets out the basic points and the main principles of the subject covered. It is a summary and is in no way a substitute for carefully considered legal advice. Please speak to a lawyer for advice on your specific circumstances.
In this video, Maria covers everything you need to know about Lasting Powers of Attorney.
If you'd like to learn more about Powers of Attorney, visit our website for useful information: https://www.astlepaterson.co.uk/servi...
A lot of people think that a spouse or child can simply step in when the time arises, but that is not the case unless you have given them Power of Attorney. This is the legal document that allows them to make decisions about your property and affairs.
If you lack capacity to make a LPA, it may be necessary for an application to be made to the Court of Protection for an appropriate order appointing someone to make decisions on your behalf. Unfortunately, this is costly and can be time consuming. Making a LPA is almost always preferable.
If you appoint more than one attorney, you can appoint them so that they must always act together (jointly) or so they may act separately if need be (jointly and severally). You may wish to appoint a replacement attorney in case your original attorney dies or otherwise cannot act for you.
There are two types of LPA:
A Property and Financial Affairs LPA permits your attorney to deal with your property and finances.
A Health and Welfare LPA permits your attorney to make decisions about medical care and your general welfare, but only when you lack mental capacity.
Making a Lasting Power of Attorney is straightforward, however it may cost slightly more than making a Will. That said, if you compare the potential costs of a Court application, they are good value for money. Contact Astle Paterson Solicitors on 01283 531366 for further information.