Powers of Attorney

A lasting power of attorney (LPA) is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf.

This gives you more control over what happens to you if you have an accident or an illness and can’t make your own decisions (you ‘lack mental capacity’).

If your loved one loses metal capacity, your next of kin do not automatically have the rights to make financial and health decisions for you, unless you have an LPA in place. This in fact makes an LPA more important than a Will.

There are 2 types of LPA:

  • health and welfare

  • property and financial affairs

You can choose to make one type or both.

Health and welfare lasting power of attorney

Use this LPA to give an attorney the power to make decisions about things like:

  • your daily routine, for example washing, dressing, eating

  • medical care

  • moving into a care home

  • life-sustaining treatment

It can only be used when you’re unable to make your own decisions.

Property and financial affairs lasting power of attorney

Use this LPA to give an attorney the power to make decisions about money and property for you, for example:

  • managing a bank or building society account

  • paying bills

  • collecting benefits or a pension

  • selling your home

It can be used as soon as it’s registered, with your permission.

Diamonds Solicitors will be happy to discuss your requirements and assist in completing your Lasting Power of Attorney ensuring it is completed and lodged at the Office of the Public Guardian correctly.