Lasting Powers of Attorney

An LPA (Lasting Power of Attorney) is a procedure whereby you may nominate someone to be your attorney (or you may nominate more than one person) should you bceome unwell and unable to make decisions on your own behald in the future. An attorney should be someone you can trust implicitly (usually a close family member). Alternatively it could be a professional adviser such as your accountant or solicitor

There are two types of LPA:-

• a property and financial affairs LPA is for decisions about finances, i.e. operating bank accounts, selling property;

• a health and welfare LPA is for decisions about health or personal welfare issues, such as where to live, or having medical treatment.

With an LPA you can appoint attorneys to act for you in respect of your Financial & Property affairs or to act for you on Social & Welfare issues - or you can do both. If you choose to cover both aspects you can appoint different attorneys for each, if you so wish. In relation to financial and property affairs, your attorney may also act for you if you retain mental capacity but it is more convenient for them to act for you for different reasons, including physical incapacity.

Planning in advance in this way can avoid distress and cost for you and your family who will otherwise have to apply for Receivership through the Court of Protection to act on your behalf - a lengthy and potentially costly procedure.

An LPA must be registered with the Office of the Public Guardian.

For further information about Lasting Powers of Attorney please contact a member of CollinsBensonGoldhill's Private Client department: