Newsletter 3 - August 2010

MAKING A LASTING POWER OF ATTORNEY

for

(1)  PROPERTY AND FINANCIAL AFFAIRS

and/or

(2)  HEALTH AND WELFARE

There may come a time in the future when you can no longer deal with your property and financial affairs because you have lost your mental capacity or have suffered a very serious illness or accident which has left you incapable of dealing with your financial affairs and health and welfare.  If these circumstances should affect you in the future, you will be able to overcome the difficulties that arise by having in place a Lasting Power of Attorney (LPA).  This is a document which sets out in advance what you would like to happen should you be unable to make decisions for yourself in the future.

There are two different types of LPAs:

1. A Property and Financial Affairs LPA – for decisions about finances such as selling your house or managing your bank account.

2. A Health and Welfare LPA – for decisions about your health and personal welfare, such as where to live, day to day care or having medical treatment.

An Attorney is appointed by you to make decisions on your behalf.  Your Attorney must act in your best interests and have regard to the Code of Practice under the Mental Capacity Act 2005.

The Lasting Power of Attorney must be registered with the Office of the Public Guardian before it can be used.  If it is not registered, the Attorney will not have any legal powers to make decisions for you.  The Donor can register the LPA while they have capacity or the Attorney can make the application to register the LPA.  (If someone else tries to register it you and your attorney(s) will be able to make an objection.

Lasting Power Of Attorney  - Property And Financial Affairs

This allows your Attorney to make decisions about your finances such as paying bills, dealing with the bank, collecting benefits, selling your house etc.  It only relates to your assets in England and Wales.

You can restrict how and when your LPA can be used.  For example even if your LPA has already been registered you may not wish your Attorneys to use it until doctors have confirmed you have lost your mental capacity.-

Lasting Power of Attorney – Health and Welfare

There are several different important aspects of the Health and Welfare LPA that you should take into account.  One of the main options you need to consider relates to life sustaining treatment which a doctor considers necessary to keep you alive such as a serious surgical operation, like a heart bypass, or an organ transplant.

We consider that having an LPA is a very important document to have ready for your future as you never know what the future may bring.  If you are interested in making an LPA, either for your property and financial affairs and/or your health and welfare, please do not hesitate to contact our Private Client Department who will be pleased to provide you with further information.

19/21 Central Road,

Worcester Park,

Surrey, KT4 8EH.

DX 200804 Worcester Park

T: 020 8330 1961

F: 020 8330 7735

E: enquiries@vivash-hunt.co.uk

Vivash Hunt is regulated by the Solicitors Regulation Authority - SRA No. 56998