Lasting Power of Attorney
Lasting Powers of Attorney replaced Enduring Powers of Attorney from October 2007.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that enables a person who has capacity and is over 18 (Donor) to choose another person (Attorney) to make decisions upon their behalf.
Lasting Powers of Attorney can deal with an individual's: -
- Property and Affairs: for decisions about finances, such as selling the Donor’s property or managing their bank account; and
- Personal Welfare: for decisions about both health and personal welfare, such as where to live, day-to-day care or having medical treatment.
An Attorney must always act in the Donor’s best interests and can only make decisions when the Donor is unable to do so due to lack of capacity.
Although a Lasting Power of Attorney has general authority over the Donor’s affairs, restrictions can be put in placed in relation to an Attorney’s power.
A Lasting Power of Attorney can be revoked by the Donor at any time while they have capacity.
What can you do if you don't have anyone to appoint as your Attorney?
You can appoint any adult to be your Attorney; however, if you do not have anyone you feel is suitable to appoint as Attorney, you can appoint a Solicitor to take away the administrative burden and provide support to family members if required. Here at Dawsons Law, the level of our involvement would depend upon the client's circumstances and support needs.
Even if you do have a person you are happy to appoint as your Attorney, appointing a suitable Replacement Attorney would be wise. This means that should your first appointed Attorney be unwilling or unable to act upon your behalf the Replacement Attorney can step in. However, the Replacement Attorney cannot act unless your first appointed Attorney could not act for any reason. You can appoint a Solicitor as a Replacement Attorney also.
A Lasting Power of Attorney is not only useful if you lose your mental capacity, but also if you had any physical impairment, such as a stroke, or if you were hospitalised for a long period of time, or even if you decide later in life that you simply cannot cope with the day-to-day running of your household, or you do not want the hassle anymore. A Lasting Power of Attorney can enable you to appoint someone to do as much or as little for you as you decide you need.
We would be happy to discuss this at the outset and continue to review this support as time progresses.
Dawsons Law offers Fixed Fee Costs For the preparation and/or Registering of a Lasting Power of Attorney. Call Alex Slade on 01953 883535 for further details. Appointments can be made for either Our Watton or Hethersett Office. Home Visits or Hospital Appointments are also available.