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Lasting Power of Attorney

A Lasting Power of Attorney is a legal document that gives you the opportunity to appoint someone you trust to take over your affairs when you are no longer able or willing. A Lasting Power of Attorney will still have effect even if you lose mental capacity.

There are two types of Lasting Power of Attorney as follows:

  • Property and Affairs Lasting Power of Attorney - allows your attorney authority to deal with your property and finances, as you specify.
  • Personal Welfare Lasting Power of Attorney - allows your attorney to make welfare and health care decisions on your behalf, only when you lack mental capacity to do so yourself. This could also extend, if you wish, to giving or refusing consent to the continuation of life sustaining treatment.

Who should I appoint as an Attorney?

You should take care when deciding who to appoint as your Lasting Power of Attorney. They should be trustworthy and have the appropriate skills to manage your affairs. You should discuss the role with your potential attorney as it is a large responsibility for them to take on; we can provide Lasting Power of Attorney Guidance where needed.

What is a Certificate Provider?

Someone you choose to certify that you are fully aware of the consequences of preparing a Lasting Power of Attorney and that it is your decision to appoint your nominated attorney(s). Your Certificate Provider can be someone you have known personally for over two years but who is not a family member or the attorney themselves, or a professional person who believes they have the expertise to certify.

When can my Attorneys start to act?

A Lasting Power of Attorney must be registered at the Office of the Public Guardian before it can be used; the registration process takes approximately 8 weeks. For Property and Affairs Lasting Power of Attorney, they may start to act as soon as the document has been registered at the Office of the Public Guardian. For Personal Welfare Lasting Power of Attorney, your attorneys can only act if you no longer have the mental capacity to act.

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