What is Lasting Power of Attorney (LPA)?

A Lasting Power of Attorney is a legal document, which enables you to nominate someone who can make decisions on your behalf, if you are ever unable to do so.

There are two types:

LPA Property and Affairs – This replaces the Enduring Power of Attorney and allows you to nominate someone to make decisions regarding your finances on your behalf, such as: paying bills, collecting pensions and benefits, managing your accounts, as well as buying or selling property.

LPA Health and Welfare – Some similarities and cross over with a Living Will or Advance Directive exist with this type of LPA. It enables you to nominate someone to make decisions in relation to your welfare, including decisions about rhe care and treatment you will received, as well as where you will live. This document will also enable you to give someone the authority to consent to or refuse life sustaining treatment on your behalf if you so wish.

Many people assume that their partner will automatically be able to manage their financial affairs if they become mentally incapable but this not the case. Unless they do not have the Property and Financial Power of Attorney, they will not have the authority to sign on your behalf. The term ‘next-of-kin’ is not recognized in law.

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