Powers of Attorney
Powers of Attorney
“We all know how important it is to plan for the future. Having a Lasting Power of Attorney in place should be as common and natural as making a Will”
– Jack Straw, former Lord Chancellor and Secretary of State for Justice
Lasting Power of Attorney
A Lasting Power of Attorney (LPA) lets you appoint the people you trust to look after your affairs if you become unable to do so yourself.
There are two types of LPA. A “Property and Financial Affairs” LPA gives your Attorney the authority to deal with buying and selling your property, your bills, bank accounts and investments.
A “Health and Welfare” LPA covers decisions about health and care and even deciding where someone is to live. This can only be used if someone is incapable of dealing with such matters themselves.”
Health & Welfare (LPA)
A Health and Welfare Lasting Power of Attorney can be made to give your attorney the right to make personal welfare and medical treatment decisions on your behalf if at some time in the future you are unable to make those decisions yourself. A Health and Welfare Lasting Power of Attorney can only be used when it has been registered and the donor has lost capacity (the ability to handle their own affairs).
Property & Financial Affairs (LPA)
A Property and Financial Affairs Lasting Power of Attorney can be made to give your attorney the right to make financial decisions, such as managing your bank account. Once registered, a Property and Financial Affairs Lasting Power of Attorney can be used while the donor still has capacity, unless the Lasting Power of Attorney specifies otherwise.
‘The Heather Bateman Story.’
The video shown on BBC’s One Show gives a brief overview of the financial impact and emotional turmoil that was added to Heather Bateman’s awful situation with her husband being hit by a car. Click below for full story:
Without an LPA you can face great difficulties including losing control of and even access to bank account(s) of person who has lost capacity, including any joint bank accounts!
Frequently Asked Questions
Can I lose access to our joint account?
As the Heather Bateman case describes, the Court of Protection, which protects the vulnerable, can essentially seize control of bank accounts to protect the vulnerable, any account with their name on including joint accounts.
What happens if you lose mental capacity without an LPA in place?
It will be necessary for your family to apply to the Court of Protection to have a deputy appointed to deal with everyday financial matters.