What are the different types of Lasting Power of Attorney?
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A lasting power of attorney (LPA) is crucial for safeguarding your future. It is a powerful legal tool that allows you to give someone they trust, (a spouse, grown-up child or other close relative) – also known as your attorney – the legal authority to make relevant and necessary decisions on your behalf should you lose the mental capacity to do so.
Lasting powers of attorney, introduced in the UK in 2007, replaced enduring powers of attorney (EPA). If you created an EPA before 1 October 2007, it should still be valid. However, we recommend seeking the appropriate legal advice regarding this as soon as possible.
Here, the private client team at Berlad Graham delves into the most common powers of attorney, helping you to understand the options available to you.
What is an Ordinary Power of Attorney?
Before we delve deeper into the different uses of lasting powers of attorney, we thought we would explain the often lesser-known ordinary power of attorney.
An ordinary power of attorney covers decisions about your financial affairs. In most cases, they are utilised temporarily – this might be while a person is in hospital or on holiday. Alternatively, ordinary powers of attorney might be utilised if a person is struggling to get out of their property and requires somebody to go to the bank or post office on their behalf.
However, unlike a lasting power of attorney, ordinary powers of attorney are only valid whilst you have mental capacity. Ordinary powers of attorney should be viewed as a way to supervise a person making decisions.
The different types of LPA
There are two different types of lasting power of attorney. Below, we outline the two types of LPA and highlight how the attorney might support the person in question.
- Financial LPA
Lasting powers of attorney for financial decisions can cover a plethora of decisions, including:
– Property management – including buying or selling.
– Mortgage payments.
– Financial investment.
– Bill paying.
– Arranging property repairs.
– Managing overall finances.
- Health and Welfare LPA
Lasting powers of attorney for health and welfare decisions can only be enforced once a person has lost mental capacity. This can cover decisions including residence, medical care, and diet. Life-critical choices, like resuscitation, can also be trusted with the attorney. It is essential to draft the LPA carefully to encapsulate your exact wishes.
Solicitors for Lasting Powers of Attorney Uxbridge and Cumbria
Taking the step to create a lasting power of attorney can be highly overwhelming. However, the peace of mind it offers, knowing your trusted ones will take control when you cannot, is invaluable.
Contrary to popular belief, a spouse or next of kin is not automatically granted the right to deal with your affairs (act as your deputy). In cases where there is no power of attorney, your family will need to apply to the Court of Protection.
Why Choose Berlad Graham?
At Berlad Graham, we have supported countless clients in discussing, drafting, amending and implementing various kinds of power of attorney over many years. We can simplify this daunting journey, ensuring you feel confident and cared for. We understand how daunting the process can be. However, we draw on our extensive experience to help our clients feel at ease and create a bespoke LPA.