on Monday, 02 July 2018.
Many people have heard of Lasting Powers of Attorney (LPA) but how do they work in practice, and what are the different types of LPA that you choose from?
There are two types of LPA available:
LPAs are important tools in protecting the interests of a vulnerable person, who may need to have decisions made on their behalf now or in the future. A donor can often be more reluctant to appoint a Health and Welfare Attorney than a Property and Financial Affairs Attorney, because welfare decisions can include deciding about their medical care and whether they should go into residential care.
If any concerns are raised about an Attorney's actions, the Court of Protection can investigate and ultimately remove the Attorney, if necessary.
A donor is advised to appoint an Attorney whom they know and trust, such as a close relative or friend. With the right arrangements in place, LPAs can provide great peace of mind by ensuring that the donor has help when it is needed.
If no Attorneys are appointed and a person loses capacity, the alternative process of applying to Court to have a Deputy appointed is much more expensive and restrictive.
You should take timely and appropriate advice on the appointment of an Attorney and the types of restrictions that should be put in place to give you additional peace of mind.
This article originally featured in Downtown in Business Birmingham.