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Powers of Attorney

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A Lasting Power of Attorney is a legal document that lets you appoint someone to make decisions about your welfare, money or property.  It can be used at any time when you are not able to make your own decisions. People who lack mental capacity need someone else to manage their legal, financial and health affairs.  There are two types of LPA:

  • Property and Financial Affairs
  • Personal Welfare

Property and Financial Affairs LPA

This enables someone you trust (the attorney) to make decisions on your behalf about your property and financial affairs at a time when you are no longer able or lack the mental capacity to take those decisions yourself.

Personal Welfare LPA

This allows the person you have chosen as your attorney to make decisions on your behalf about your personal welfare, e.g. where you live or receive care.  It can also include the power for the attorney to give or refuse consent to medical treatment if this power has been expressly given in the LPA.

Anyone aged 18 or over with the capacity to do so can make an LPA appointing one or more attorneys to make decisions on their behalf.  It is sensible to make an LPA as early as possible as it provides an opportunity to put in writing your personal wishes about what you want to happen should your physical or mental well-being deteriorate.

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