The Power to Choose
Christopher Linton, 2013
A Lasting Power of Attorney (LPA)
allows you to decide who should
make decisions on your behalf
if you are unable to make them
yourself.
of the elderly less likely.
We are increasingly living longer
and becoming more susceptible to
the possibility of mental incapacity.
Making an LPA simplifies matters
if this happens. They replaced
Enduring Powers of Attorney in
2007.
A Health and Welfare LPA can
allow your attorney to decide
your treatment and your living
accommodation (e.g care home) if
you are unable to choose this for
yourself and regarding the receipt
of life sustaining treatment.
LPA’s must now be certified by a
solicitor or doctor confirming the
donor has sufficient understanding
to grant the power and the LPA
must also be registered with the
Office of the Public Guardian
before it can be used. These were
introduced to make financial abuse
It can only be used after you have
lost capacity.
The are two separate forms for
LPA’s. Health and Welfare and
Property and Financial Affairs.
Property and Financial Affairs
LPA allow your attorneys to make
decisions selling of your house
and other assets, dealing with tax
affairs, operating bank accounts
and claiming benefits on your
behalf.
It is important to remember that
your attorney will effectively be
put in a position where they can
make any decision on your behalf.
You need to be absolutely sure
that your attorney will act in your
best interests. The appointment of
a professional attorney would be
advisable in many circumstances if
you have concerns.
An LPA allows you to choose the
person who will do these things if
you were to lose mental capacity It is difficult to put a price on peace
of mind.
Christopher Linton
e - [email protected]
t - 01803 213251
Christopher is a solicitor in our Private Client team. He specialises in the drafting of Wills, the administration of estates,
Lasting Powers of Attorney and tax issues.
www.wollenmichelmore.co.uk