How Lasting Powers of Attorney work: theyÂ CAN be used once it is registered even if you could still manage your own finances butÂ onlyÂ if you specifically arrange for it to be written that way. Â If youÂ totallyÂ trust your attorneys (the people you appoint to manage things) then why not? Â At least they wonât have the aggravation of having to argue that you have lost capacity. Â Â If you donât completely trust them, you have appointed the wrong attorneys! Writing yourÂ Lasting Powers of Attorney UK LPAÂ in this way can go very wrong if you have appointed the wrong attorneys
Lasting Powers of Attorney UK LPAÂ Health and Welfare CANNOT be used unless:
- TheÂ Powers of AttorneyÂ UK LPA health & welfare has been registered
- You have lostÂ mental capacity
Once the LPA UK qualify to be used, the attorneys are effectively acting as if they are you. That said, the UK LPA attorneys are always required to consult you and to give great weight to your views if it is possible to find out what they are.
Not that some banks understand the law. â You may well find yourself (but we can help) having to contact the Chairman to explain that the law is actually above the banks’ internal rules and that UK LPA are more important than bank rules!
Why are there TWO types ofÂ Lasting Powers of AttorneyÂ UK LPA?
Good question. The best answer I can come up is that someone up there hates trees and wants lawyers to make lots of money! Â But seriously:
Lasting Power of Attorney Property & Financial Affairs
cover things like paying bills, managing bank accounts, signing contracts, paying care fees â anything to do with money broadly. Â However:
Lasting Powers of Attorney LPA UK Â Health and Welfare
allow the attorney to CHOOSE a new home for you or to select a care home, or care staff. Â It also allows the LPA UK attorneys to deal with medical staff as if they were you. Â The only reservation is that the attorney has to be specifically given authority to refuse life-sustaining treatment on your behalf. Â Not everyone will choose to do that. Â Religious issues also come under the Health and Welfare LPA.
This is a very general guide to LPA’s in the UK.
Our FREE 2 minute guide to Legal Planning is available on request
To ask us to organise an LPA UK, go HERE