Lasting Powers of Attorney
A Lasting Power of Attorney enables you to select people who may act on your behalf and make decisions for you, if you are unable to do so yourself. This could be due to illness or an accident, where you are prevented from looking after your own affairs.
There are two types of Lasting Powers of Attorney, Property and Financial Affairs and Personal Health and Welfare.
You will not necessarily require both but any Lasting Power of Attorney made will need to be registered with the Office of the Public Guardian BEFORE it can be used.
Lasting Powers of Attorney are extremely useful as a planning tool. If you were to be in an accident or have a sudden period of illness, there is enough for your loved ones to worry about without having additional stress about how to pay bills or deal with companies who will not speak to them due to data protection.
A Lasting power of Attorney can be made at any time, registered and then stored safely until such time as it might be needed.
At St Helens Law we prepare Lasting Powers of Attorney for many Clients, and often they go hand in hand with preparing a Will. A Will is the perfect complement to a Lasting Power of Attorney, as coupled together, they prepare you for anything.
Before making a Lasting Power of Attorney, you should be able to understand what a Lasting Power of Attorney is, why you want to make one, who you are appointing as your Attorney(s), why you have chosen the Attorney(s) and what powers are being given to the Attorney(s).
Property and Financial Lasting Power of Attorney
This can be used as soon as it is registered with the Office of the Public Guardian or held until required. An unrestricted Property and Financial Lasting Power of Attorney enables your Attorney(s) to make decisions about your money and property, including:-
- Buying or selling property
- Opening, closing or operating any Bank or other Accounts and investing your savings
- Giving access to your financial information claiming, receiving and using (on your behalf) all Benefits, Pensions, allowances and rebates
- Receiving any income, inheritance or other entitlement on your behalf
- Dealing with your Tax affairs
- Paying your mortgage, rent and household expenses
- Insuring, maintaining and repairing your property
- Making limited gifts on your behalf
- Paying for private medical care and residential care or nursing home fees
- Applying for any entitlement to funding for NHS care, social care or adaptations
- Using your money to buy a vehicle or any equipment or other help you may need
- Repaying interest and capital on any loan taken out by you
Personal Health and Welfare
This can only be used when you are unable to make your own decisions. An unrestricted Personal Health and Welfare Lasting Power of Attorney enables your Attorney(s) to make decisions about:-
- Where you should live and who you should live with
- Your day-to-day care, including diet and dress
- Consenting to or refusing medical examinations and treatment on your behalf
- Arrangements needed for you to be given medical, dental or optical treatment
- Assessments for and provision of community care services
- Whether you should take part in social activities, leisure activities, education or training
- Your personal correspondence and papers
- Rights of access to personal information about you
- Complaints about your care or treatment
Applying for Lasting Powers of Attorney
We can help you with the making of a Lasting Power of Attorney and also with the registration process that must be carried out before the Lasting Power of Attorney can be used.
To contact our Wills & Probate team, please call 01744 742360, or click here to email probate@sthelenslaw.co.uk >
“St Helens Law do not accept service by electronic means.”
“We endeavour to finalise the administration of an Estate within 6-12 months if there are no complexities or unforeseen circumstances.’