What is a lasting power of attorney?

A lasting power of attorney is a legal document that allows someone to make decisions on your behalf if you become unable to do so. It provides peace of mind and protection.

Benjamin Clark
28 May, 2024

Girl looking confused trying to work out what a lasting power of attorney is

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A lasting power of attorney (LPA) is a legal document that allows someone to make decisions on your behalf if you become unable to do so yourself. It is a way to ensure that your wishes are followed and your best interests are protected, even if you are no longer able to communicate or make decisions independently.

One of the key components of creating an LPA is appointing one or more attorneys. These are the individuals who will be responsible for making decisions on your behalf. It is important to choose attorneys who are trustworthy, responsible, and have your best interests at heart. They can be family members, friends, or professional advisors.

When creating an LPA, you will also need to choose a certificate provider. This is a person who confirms that you understand the implications of creating an LPA and that you are not being pressured or coerced into making decisions. The certificate provider can be a professional, such as a doctor or lawyer, or someone who has known you for a long time and can attest to your mental capacity.

There are two types of LPAs: one that covers finance and property decisions, and another that covers health and welfare decisions. The finance and property LPA allows your attorney to manage your finances, pay bills, and make decisions about buying or selling assets on your behalf. The health and welfare LPA gives your attorney the authority to make decisions about your medical treatment, care, and living arrangements.

Creating an LPA can be a difficult and emotional process, as it involves facing the possibility of losing the ability to make decisions for yourself. It is important to have open and honest conversations with your chosen attorneys about your wishes, preferences, and values. By clearly outlining your expectations and desires, you can ensure that your attorneys are able to make decisions that align with your beliefs and preferences.

It is also important to regularly review and update your LPA as your circumstances and preferences may change over time. By keeping your LPA up to date, you can ensure that your wishes are accurately reflected and that your attorneys are able to make decisions that are in your best interests.

In conclusion, a lasting power of attorney is a valuable tool for ensuring that your wishes are followed and your best interests are protected, even if you are no longer able to make decisions for yourself. By carefully choosing your attorneys, engaging in open and honest conversations, and regularly reviewing and updating your LPA, you can have peace of mind knowing that your wishes will be respected and your best interests will be safeguarded.

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