Lasting Powers of Attorney

WHAT IS POA?

Powers of Attorney (POA) have been used for centuries and can be a powerful legal document which enables an individual
(Donor) to appoint a person of their own choice (an Attorney), to look after their affairs now or at some point in the future should they be unable to, or lack mental capacity, to manage their affairs themselves

A Will ensures that your Estate passes to your intended beneficiaries when you die which is quite different to a POA. This document is used by your Attorneys during your lifetime to assist you to make decisions and cannot be used if you should die

Lasting Power of Attorney for Property & Financial Affairs

This document allows your selected Attorneys to make financial decisions on your behalf whilst you are unable to due to  incapacitation, illness or whilst you are unavailable ie abroad. Your Attorneys can pay bills, deal with your bank accounts  and investments, arranging and collecting benefits and even selling property on  your behalf

Lasting Power of Attorney for Health and Welfare

This allows your Attorney(s) to make decisions for your care issues, where you live ie in a residential home/care home or are looked after at home. You can also give your Attorneys permission to give or refuse consent to life sustaining treatment. As the name of the power suggests (lasting) both of these powers continue to be valid even after the Donor loses capacity. Once registered, a Lasting Power of Attorney for Property and Financial Affairs can be used by the Attorneys at any time, HOWEVER a Lasting Power of Attorney for Health and Welfare can ONLY be used when the Donor has lost mental capacity.

Lasting Powers of Attorney have replaced Enduring Powers of Attorney in England, Scotland & Wales, but not Northern
Ireland. EPAs made prior to 01/10/2007 continue to be valid.

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