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Lasting Powers of Attorney

With the average life expectancy continuing to rise, it is increasingly important to consider life time planning. Taking steps to ensure your financial affairs, future healthcare and welfare needs are in order will support and guide your relatives or friends in their care for you, should you require their assistance in the future.

By doing so, you can help your relatives avoid spending needless time and expense on your estate in making a formal court application. We can help you to take these steps through the preparation of Lasting Powers of Attorney or a Living Will.

LASTING POWERS OF ATTORNEY

From 1 October 2007, Enduring Powers of Attorney were replaced by Lasting Powers of Attorney (“LPAs”).

There are two types of LPAs:

  • Property and Financial Affairs - This type of LPA allows you to give authority to a person or persons (“Attorney”) over your financial affairs, should you become incapable of managing your affairs. They can also be effective if you live abroad and have UK assets which an Attorney can deal effectively with on your behalf.
  • Health and Welfare - A Health & Welfare LPA enables you to give authority to an Attorney to make decisions in connection with matters relating to your welfare and healthcare, but only if you lack mental capacity to do so yourself. You can also decide whether you want them to be able to give or refuse consent to life-sustaining treatment on your behalf.

The existence of an LPA will avoid the need to make an application to the court to appoint a Deputy if you lose capacity and have not put an LPA in place. This can be a cumbersome, stressful and time consuming procedure which will involve ongoing administration and expense.


LIVING WILLS

Alternatively, you may wish not to put in place a Health and Welfare LPA. Instead, you may wish to have a Living Will (or Advance Directive). Living Wills provide medical professionals with your wishes when you are suffering from a terminal illness or in deathbed situations.

However, a Living Will has a narrower scope than a Health and Welfare LPA.


Quick Contact

Julie Man

Partner (Head of Private Wealth)

Tel: +44 (0)1932 590643
julie.man@mundays.co.uk


Julie Jaggin (nee Finlay)

Senior Associate

Tel: +44 (0)1932 590646
julie.jaggin@mundays.co.uk