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Lasting Powers Of Attorney (LPA)

Anyone of us at any time could suffer an accident or an attack of severe ill health. Should we be unable to manage our own affairs, it is wrong to assume that our family can automatically deal with everything. However forward planning can ensure that our wishes are followed and our loved ones protected. Our legal system deliberately facilitates and encourages us to appoint attorneys to act for us in these circumstances. The alternative for our families is considerable distress and expense.

A Lasting Power of Attorney (LPA) allows you to appoint individuals normally family or close friends to act for you in specific circumstances. There are two types of LPA.

LPA-Property and Affairs

This instrument is concerned principally with an individual's owned assets. Without it life can prove unbearable for dependants. If an individual is unwell, all financial and property assets (including bank/building society accounts) would be frozen, with all regular payments being stopped, nobody including your spouse would be allowed access to the funds.

They would be forced to apply to the Court of Protection to be appointed as receiver, and in some cases they might be refused. Regardless the whole process is unnecessarily stressful, time consuming and since lawyers are often consulted, extremely expensive. Generally people who have endured this trauma are the first to plan their own LPAs to save their families a similar plight.

LPA-Personal Welfare

This form of LPA deals with health and wellbeing issues and contains personal wishes regarding types of medical treatment and the circumstances in which you are prepared or not prepared to accept. Currently, without an LPA such decisions can end up in the High Court with opinions from doctors, social worker and family members. Making these decisions is a heavy and unnecessary burden for anyone.

Our experience is that this is a natural issue to consider at the same time as writing a Will.