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Lasting Power of Attorney

What does it mean?

A Lasting Power of Attorney (LPA) is a legal document which nominates one or more people of your choice to deal with your affairs and make decision on your behalf if the situation arises where you are not able to do this for yourself. If a person loses capacity then the state nominates someone to make decisions for them. Spouses and other family members do not automatically have the right to make decisions on your behalf; they will not have access to bank accounts (including joint accounts) in order to be able to pay your bills, even for things such as mortgage or care payments; they will not be entitled to choose where you should be cared for (perhaps they know you want to stay at home or go to a particular establishment). Without a Lasting Power of Attorney in place your loved ones will have to apply to the Court of Protection, which is an expensive and complex process.

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Although we speak about LPAs generally there are two very different sets of powers which are dealt with by separate documents.

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Finance and Property LPA

This allows your nominated attorney(s) to pay bills, receive payments (such as benefits, earnings from employment) and - if you give specific permission - to sell your property if this is the right decision for you. An LPA cannot be used until it is registered, and it is up to you to decide at what point the people you trust can make use of it. Attorneys are not given free rein over your finances and property - the law requires them to act in your best interests at all times and to make the decisions you would want.

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Health and Welfare LPA

This LPA cannot be used until you have lost capacity. It must be registered with the Office of the Public Guardian before use. Your attorney(s) can make choices about the care you receive based on what you would want as well as what is best for you; attorneys can challenge funding decisions and will be consulted about consent or refusal of life-sustaining treatment, if you have specifically given them permission to do this. Attorneys have responsibilities which are set out by the law which means that they must at all times make the decision you would have wanted and must always act in your best interests.

When is the right time to have an LPA?

An LPA has to be made while you still have capacity to make your own decisions, so it is part of planning for the future. Loss of capacity can happen for many reasons, including the onset of dementia, or following a stroke or an accident which causes coma or brain damage. It does not always have to be permanent.

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We advise everyone to give thought to preparing LPAs, and to discuss their wishes with the people they care about. For further information or to book a free, no obligation home visit to discuss Lasting Powers of Attorney, contact us on 0131 229 3530 or by email enquiries@deightonbowie.co.uk

Deighton Bowie Ltd

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