The possibility that one day, we may not be able to manage our own affairs due to old age, illness or injury is something that unsurprisingly we don’t care to think about. However, we can never be sure what the future holds. With an increasing number of people diagnosed with dementia it is prudent to consider and plan for such a possibility.
The only certain way to ensure that someone we choose and trust can make decisions on our behalf is to grant a power of attorney. Hopefully you will never need it, but if you do it will be a huge relief to know you acted with foresight. There are several different types of power of attorney and our specialist lawyers can advise which may be the best option for your circumstances. The most commonly used powers of attorney today are Lasting Powers of Attorney.
A Lasting Power of Attorney is a legal document which allows you to choose someone (‘your attorney’) you can depend on to look after your property and financial affairs or health and welfare when you are no longer able to make those decisions for yourself.
Our lawyers have specialist expertise in drafting Lasting Powers of Attorney (LPA). The Lasting Power of Attorney must be registered with the Office of the Public Guardian before it can be used. Our team can also help you with registration.
We offer a fixed fee service for this work.
Yes. Firstly, you will need to set up two separate LPAs: a personal welfare LPA and a property and affairs LPA. In the case of your personal welfare LPA you will need to choose one or more people over 18 years of age (up to a maximum of five people) to make decisions about your health, living conditions and other matters relating to your personal care. In the case of your property and affairs LPA you can either nominate up to five different people to look after your financial and business affairs, or you can opt to appoint a trust corporation. In each case, you will need to specify how you would like them to act: whether, for example, you want them to make joint decisions or expect different individuals to make decisions about particular things.