A Lasting Power of Attorney is a document you can sign now in which you appoint someone to act for you should you become mentally incapable of dealing with your affairs. LPAs replaced Enduring Powers of Attorney on 1 October 2007, existing EPAs made before this date are still valid.With LPAs, one can extend the Power given to attorneys to deal not only with your property and financial affairs but to make decisions on behalf of your personal welfare, including healthcare and consent to medical treatment. Whereas an EPA can be used when a person still has capacity, an LPA will only become legal once the person has lost capacity.
If you do not have an LPA and you become incapable your next of kin will have to apply to the Court of Protection for a Receivership Order appointing someone to act for you. This can be costly and timely and the courts may appoint, not your next of kin, but a Court Official. There are therefore clear advantages in executing an LPA while you are able. |