At some point in our lives, many of us will face decisions about how to ensure we are looked after and our wishes are respected if we lose the capacity to do this ourselves. At Scott-Moncrieff, we know that many of our clients understandably find this quite a frightening prospect, so we do our best to give you as much certainty and choice as possible about what will happen if this ever occurs. One of the ways we do this is by helping clients to create a lasting power of attorney.
What is a lasting power of attorney?
A lasting power of attorney is a legal document you can use to appoint one or more people you trust to be your 'attorney' in the event that you lose capacity. This means that they will be able to make decisions on your behalf.
Frequently asked questions
Which decisions can my attorney make on my behalf?
There are two types of lasting power of attorney in England and Wales, and these grant different kinds of powers to your chosen attorney. A health and welfare power of attorney enables your attorney to make decisions about things like your care, where you live and what kind of medical treatment you receive, whilst a property and financial affairs power of attorney means your attorney can deal with your money and property on your behalf, for example making decisions about your investments and savings. Depending on your situation, you can create both a health and welfare and a property and financial power of attorney or just one or the other.
If I decide to make a health and welfare power of attorney and a property and financial affairs power of attorney, can I appoint the same attorney for both?
Yes. If you decide to create both a health and welfare and a financial power of attorney you can select different attorneys to exercise each power, or the same attorney(s) for both. You can also select multiple attorneys for each, so, for example, each of your children could be appointed as attorneys under your health and welfare power of attorney.
When does a lasting power of attorney come into effect?
Again this depends on which type of lasting power of attorney it is. A property and financial affairs power can come into effect as soon as it is created, whilst a health and welfare lasting power of attorney will come into effect only if you lose the capacity to make your own informed decisions about your wellbeing.
What we offer
We can deal with the entire process for you, including providing guidance on:
- Which lasting power of attorney you should use to deal with a specific worry.
- Who you can appoint as your attorney.
- How your lasting power of attorney interacts with any other legal documents you have created, such as a living will or advance decision.
- Changing an existing lasting power of attorney.
- Deciding when you should make a power of attorney.
Contact our Lasting Power of Attorney Solicitors in London
We provide services all over England including London, Hertfordshire, Manchester, Liverpool, and Newcastle. For more information get in touch via our online contact form or call our team now on 020 3972 9011 .