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The importance of having a Lasting Power of Attorney

Do you have a Lasting Power of Attorney in place?  The Mental Capacity Act 2005 introduced Lasting Powers of Attorney which replaced Enduring Powers of Attorney.   A Lasting Power of Attorney (LPA) is a legal document where a person appoints somebody to deal with matters for them.   There are two types of Lasting Powers of Attorney, one dealing with your property and financial affairs and one dealing with your health and welfare.

By creating a Power of Attorney, you (“the Donor”) are able to appoint a person or persons (“the Attorney(s)”) to deal with matters for you if you are unable to deal with matters yourself.  It is important that the documents are completed correctly and there are strict guidelines for their execution.  The documents must be registered with the Office of the Public Guardian before they can be used.  We therefore recommend that LPAs are registered once they have been completed so that they available for use if the need arises.


It is important that the Donor completes Lasting Powers of Attorney whilst they have capacity to do so.   If you do not do so and you lose capacity it would be necessary for somebody (usually a family member) to apply to the Court of Protection to be appointed Deputy for you, which is expensive and time consuming.   By completing LPAs whilst you have capacity, you are able to choose who you want to appoint rather than somebody being appointed Deputy who you may not have chosen personally.


If you do not have LPAs in place and would like to complete these now, please contact Julie Binge.