1 in 14 people over the age of 65 are affected by Alzheimer's disease or other forms

of dementia. By the age of 80 this rises to 1 in 6.

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Your spouse, or partner, or children have no automatic legal right to deal with your affairs if you lose mental capacity or are otherwise unable to look after your property and affairs.

 

Banks, the DWP and similar organisations may refuse to allow your next of kin to deal with anything on your behalf without legal authority.

 

If there is no Lasting Power of Attorney the only other way of obtaining such authority is to make an Application to the Court of Protection which is much more expensive and complicated than a Lasting Power of Attorney.

 

There are two types of Lasting Power of Attorney:

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Property and Financial Affairs Lasting Power of Attorney

 

A Property and Financial Affairs Lasting Power of Attorney is where the Attorney is given authority (usually in the event that you lack capacity) to act for you as to property belonging to you and your finances.

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A Property and Financial Affairs Lasting Power of Attorney applies to  all your property and financial assets in England and Wales.  It can take effect if you lose mental capacity, or if you are ill, or disabled or abroad.

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Health and Welfare Lasting Power of Attorney

 

A Health and Welfare Lasting Power of Attorney gives the Attorney authority to decide where you will live if you are ill and whether authority is given to the Attorney to give or refuse consent to life sustaining treatment on your behalf.

 

A Health and Welfare Lasting Power of Attorney deals with your wishes as to healthcare, medical treatments, and living arrangements if you no longer have sufficient mental capacity to make your own decisions. Without this Lasting Power of Attorney you could be placed in a care home when you would prefer to remain in your own home, or you could be made to have medical treatments or be placed in a nursing home you would otherwise have declined.

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There are legal requirements for both types of Lasting Power of Attorney.

 

You can appoint one Attorney or two Attorneys and replacement Attorneys.

 

You can give your Attorney or Attorneys power to deal with all matters or limit the power to deal only with matters stated by you in the document.

 

You can continue to make your decisions as long as you are capable of doing so.

 

Similarly you can revoke a Lasting Power of Attorney as long as you have the capacity to do so.

 

A Lasting Power of Attorney must be registered with the Office of the Public Guardian before it can take effect.

 

If an Attorney is a spouse or civil partner and the marriage or civil partnership is dissolved or annulled their appointment as Attorney will end (unless you have said in your Lasting Power of Attorney that the appointment is to continue).

 

The cost of a Lasting Power of Attorney is far less than if nothing is done and an Application to the Court of Protection is necessary for the appointment of a Deputy.

 

We are experienced in all aspects of Lasting Powers of Attorney and we can help you with whatever you wish to do.

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