How does a lasting power of attorney (LPA) work?
Without an LPA
Mrs. Jones’s family doesn’t have the legal right to make decisions for her
- Sole bank accounts cannot be accessed.
- Joint bank accounts are frozen in some circumstances.
- Bills cannot be paid with Mrs. Jones’s money.
- Property cannot be sold, meaning co-habiting partner can’t move house if they wanted to.
- Next of kin doesn’t have legal right to make decisions about her medical treatment.
- Next of kin doesn’t have legal right to make personal choices, for example where Mrs Jones should live.
With an LPA
Mrs Jones put an LPA in place for both financial and health & welfare decisions
- Mrs. Jones has legally appointed an Attorney to make decisions about her finances on her behalf.
- Bills can be paid as normal.
- The bank recognises the chosen representative’s legal authority and no accounts are frozen.
- Investment decisions can be made by Mrs. Jones’s representatives.
- Property can be sold if needed.
- Next of kin does have legal right to make personal choices, for example where Mrs Jones should live.
Why is having a Lasting Power of Attorney (LPA) important?
Once you have a lasting power of attorney in place you will have peace of mind that your trusted someone would look after your affairs if you ever became unable to do so yourself. Giving your trusted someone the authority to deal with your finances, property and make decisions about your health and welfare amongst other things.
You can include instructions, as well as your general preferences for them to consider. Your LPA should reflect your exact wishes so you know that the things that matter most will be taken care of how you would have wanted.
Please bear in mind that you can only put an LPA in place whilst you are capable of understanding the document. If you lose the capacity, you cannot then create an LPA and no one can do so for you either.
We’re here to help
Call our Lasting Power of Attorney team on 0330 912 5252 or
let us know when’s best to call, and we’ll be in touch.
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Our solicitors are on hand to assist you in the process. Whether this is the first will you’ve written, or you’re updating an old one, we all need a little help sometimes.