Legal Services for Elderly Clients

Lasting Powers of Attorney Legal Services

Planning for your future isn't just about making a will.  It should also be about deciding who would make your decisions for you if you could no longer make them yourself.  None of us knows what our future holds and therefore it is important to appoint a person or people that you trust and who will make decisions about your property and finances, care and medical treatment if you can no longer do so.

A lasting power of attorney (also known as an LPA) is a legal document that lets you (the ‘donor’) appoint people (known as ‘attorneys’) to make decisions on your behalf.

There are 2 types of lasting power of attorney and you can choose whether to make 1 type or both of them.  You can decide to appoint different people to act in each of them if you choose.

Health and Welfare Lasting Power of Attorney

This allows you to appoint an attorney or more than one to make decisions about: -

  • medical treatment for you
  • whether you should move into a care home
  • life sustaining treatment
  • your day to day wellbeing

This document can only be used by your attorneys once it has been registered and you are unable to make these decisions yourself.

Property and Financial Affairs Lasting Power of Attorney

This allows you to appoint an attorney or more than one to make decisions about:-

  • collecting your benefits
  • selling your home
  • paying your usual bills
  • paying for other things you need
  • investing your money/changing your bank account

This document can only be used by your attorneys when it has been registered either whilst you are well and with your permission or if you are no longer able to make decisions yourself.

 

If you make one or both types of LPA, it is important to know that as long as you can still make your own decisions, you can change your mind, even if the document has been registered with the Office of the Public Guardian.

The documents give a great deal of power to the person or people you appoint as your attorneys.  Remember that if you lose your mental capacity, they will make your decisions for you.  Therefore, It is important to obtain specialist legal advice so that you can make informed choices about what to do for the best, who to appoint, whether to restrict the power in any way and whether to register the document immediately with the Office of the Public Guardian.  Our team have years of experience in advising clients on powers of attorney, simplifying the issues and providing practical assistance so that they can make the right choices for them.

 

If your family member or friend is no longer able to make decisions for themselves, then they cannot make a Lasting Power of Attorney and it will be necessary for a Deputy to be appointed by the Court of Protection to act for them.  Our specialist lawyers understand that loved ones often need assistance at a time of crisis and will deal with your situation in a sensitively so that the court process is as smooth and straightforward as possible.

For more information please call our team on 01604 622101 or 01536 523434.

 

If you need advice or assistance please email: advice@bmtclaw.co.uk

Jean Nixon

Senior Private Client Executive

Email Jean

01604 622101

Meet the team

Related articles & news

View all news