What is a Lasting Power of Attorney: how a Lasting Power of Attorney works.
Should you lose the ability to make decisions through an accident, stroke, dementia etc. Or just not be well enough to deal with finance and/ or welfare matters yourself, then you are inviting Social Services to take charge of your life. Not your family or friends. So your life could be run by a well-meaning Social Worker with very little time to understand your needs, never mind your wishes. It is certainly possible for you or your family to appeal to the Court of Protection (which is far from cheap) but there is a fair chance they will side with Social Services. Unless you have set up your Lasting Power of Attorney well in advance. Or at the moment, two Lasting Powers of Attorney.
Still not convinced – read Neil Barker’s terrible story – and that is by far and away the nicest story of not having a Lasting Power of Attorney in place as it just involves a total lack of control rather than any abuse. Neil’s estimate of the cost to him of not having a Lasting Power of Attorney of £50,000 will seem wildly optimistic when he sees the solicitors bill for looking after him for all those years. That isn’t a criticism of the solicitor! So read Neil’s story and then
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There are two types of Lasting Power of Attorney.
1) What is a Lasting Power of Attorney Property and Financial Affairs?
It pretty much does what it says on the tin – the attorneys appointed can manage the finances of a person if they lose the ability to do so, or choose to ask the attorneys to act for them. The attorneys appointed by the person (spouse and children typically) MUST act in the best interest of the person and MUST consult them if at all possible.
2) What is a Lasting Power of Attorney Health and Welfare ?
It is the “soft” side – where you live, who you see, what you eat or wear, where you live etc. It allows the family to deal with doctors and Social Services as if they were you. However, the Lasting Power of Attorney Health and Welfare CANNOT be used whilst you still have the ability to make your own decisions.
What is a Lasting Power of Attorney?
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