What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document made by someone who wishes to choose someone they trust to make decisions on their behalf.

The reason for this is in the event that should you be involved in an accident or suffer from an illness which means you’re not in control of yourself, your assigned attorney can be relied upon.

In this case, you are known as the ‘donor’ and the person you appoint to act on your behalf should you ‘lack mental capacity’ is known as the attorney or attorneys; you can choose more than one.

The types of Lasting Power of Attorney

There are two types of LPA, and a donor is able to make either or both:

  • Health and welfare – This allows the donor to give power to their chosen attorney to make decisions about the donor’s healthcare and personal welfare. The decisions from the attorney can only be made if the donor’s mental capacity is deemed unreliable or lacking sense. The decision of the attorney can include decisions on whether to accept and move forward with life sustaining treatment.
  • Property and financial affairs – This provides the power of attorney the power to make decisions about the donor’s property and financial affairs.

 

Can I be a donor?

If you are aged over 18 and have full capacity to understand the meaning and requirements of the LPA documents, then you can make a Lasting Power of Attorney and become a donor. An LPA is a document applied to an individual. This means you cannot complete it with another person. Partners or spouses need to make their own LPA.

Who is eligible to be an attorney?

You can choose anyone to be your attorney. As long as they are aged 18 or older and you trust them with the responsibility, they can be:

  • A relative.
  • A friend.
  • A solicitor.
  • Your husband, wife or partner.

You must pick someone that you believe can make decisions in your best interest.

To find the right attorney, you should think about how they look after their own affairs, how well you know them, whether you trust them to make such decisions for you, and how happy/comfortable they will be making decision on your behalf.

How we can help

We’re here to guide you. Whether you have questions about the process, you want us to help you choose your attorney, or you would like us to become your attorney, get in touch.

Our Wiltshire power of attorney advisors are experienced and knowledgeable in the process of LPAs, so they can advise and prepare lasting powers of attorney on behalf of donors.

Charles Goodbody Partner Head of Family and Private Client Warminster

Charles Goodbody
Partner - Head of family and private client

Please Contact
cgoodbody@middletonssolicitors.co.uk

01985 214444

Michelle Stopford Solicitor Warminster

Michelle Stopford
Solicitor

Please Contact
mstopford@middletonssolicitors.co.uk

01985 214444

Solicitors in Warminster and Westbury, Wiltshire and Andover and Stockbridge, Hampshire

Christopher Paterson
Private Client Executive

Please Contact
cpaterson@middletonssolicitors.co.uk

01264 333336

Solicitors in Warminster and Westbury, Wiltshire and Andover and Stockbridge, Hampshire

Alexa Merchant
Solicitor

Please Contact
amerchant@middletonssolicitors.co.uk

01985 214444

Middletons has a reputation for excellence with offices based in Warminster, Wiltshire, Andover and Stockbridge, Hampshire. With more than 50 years experience across all areas of corporate and individual law, our team of lawyers provides the highest standard of advice and service.

Speak to one of the team by calling 01985 214444 or email enquiries@middletonssolicitors.co.uk or Make an enquiry

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