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Lasting Powers of Attorney

A Lasting Power of Attorney (LPA) is a Legal document that allows you to place those you trust in charge of your financial affairs or health and care decisions. The donor appoints attorneys to handle their affairs in these matters. These documents are put in place when the donor fears losing mental capacity and they wish to ensure that their affairs are in order and placed within the hands of someone they trust.

Who is the Donor?

The Donor is the person making the application to the Office of Public Guardian to register an attorney to deal with their affairs.

Who are the Attorneys?

The attorneys are those whom the Donor appoints to handle their affairs. The attorneys can be anyone you trust from family members to friends.

The role of an attorney involves a great deal of power. It is therefore important that you think hard about who you would like to be an attorney and also give the person you ask time to think about the role. The person you ask needs to make sure they are making the right decision.

All decisions made by attorneys must be in the best interests of the donor and they must:

• Do everything to encourage the donor to participate

• Consider the donor’s past and present feelings

• Consider any beliefs and values that could be influential to any decision

• Talk to others such as family members who know of the feelings, beliefs and values of the donor and who can suggest what might be in their best interests

• Remember the right to privacy of the donor

Why put in place a Lasting Power of Attorney

An LPA allows the attorney appointed legal authority to make decisions with regard to both your finances and health and care on your behalf. You do not need to lose mental capacity for an LPA to be put in place. The financial decision LPA can be registered and put in place despite the donor still having mental capacity. However, the health and care LPA is only effective once the donor has lost all mental capacity to make these decisions for themselves.

If you believe you qualify to make a claim, contact us today for us to assess the merits of your case on 01633 262848.

For more information, please read our guide

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Lasting Powers of Attorney

A Lasting Power of Attorney (LPA) is a Legal document that allows you to place those you trust in charge of your financial affairs or health and care decisions. The donor appoints attorneys to handle their affairs in these matters. These documents are put in place when the donor fears losing mental capacity and they wish to ensure that their affairs are in order and placed within the hands of someone they trust.

Who is the Donor?

The Donor is the person making the application to the Office of Public Guardian to register an attorney to deal with their affairs.

Who are the Attorneys?

The attorneys are those whom the Donor appoints to handle their affairs. The attorneys can be anyone you trust from family members to friends.

The role of an attorney involves a great deal of power. It is therefore important that you think hard about who you would like to be an attorney and also give the person you ask time to think about the role. The person you ask needs to make sure they are making the right decision.

All decisions made by attorneys must be in the best interests of the donor and they must:

• Do everything to encourage the donor to participate

• Consider the donor’s past and present feelings

• Consider any beliefs and values that could be influential to any decision

• Talk to others such as family members who know of the feelings, beliefs and values of the donor and who can suggest what might be in their best interests

• Remember the right to privacy of the donor

Why put in place a Lasting Power of Attorney

An LPA allows the attorney appointed legal authority to make decisions with regard to both your finances and health and care on your behalf. You do not need to lose mental capacity for an LPA to be put in place. The financial decision LPA can be registered and put in place despite the donor still having mental capacity. However, the health and care LPA is only effective once the donor has lost all mental capacity to make these decisions for themselves.

If you believe you qualify to make a claim, contact us today for us to assess the merits of your case on 01633 262848.

For more information, please read our guide

At Collingbourne Hennah Law we have a specialist team who deal with the following areas of law:

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