We are all living longer and so at some point in our lives, it may be that we will need some help to manage our affairs, whether this is through physical or mental incapacity. Using a Lasting Power of Attorney (LPA), you can appoint someone you trust who will respect your wishes, to manage your affairs or take welfare decisions if you are unable to do so.
An LPA for Health and Welfare can only be used if you are unable to make your own decisions. It would enable your Attorney to deal with matters such as;
- Who you should have contact with
- Where you should live
- Providing consent or refusing medical treatment
An LPA for Financial Decisions will allow someone to either assist or to manage your financial affairs. This can be at your request if you have capacity and can continue to be used if you no longer have capacity. The sort of decisions Attorneys might make could include;
- Selling your property
- Paying your bills
- Managing your bank accounts
- Making investments
Both Welfare and Financial Powers of Attorney need to be registered with the Office of the Public Guardian before they can be used. Attorneys are subject to restrictions and must comply with the Mental Capacity Act 2005. We are able to advise you on Attorney powers and duties.
Our Team at AST Hampsons based in both Rochdale and Bury are also experienced professional Attorneys and are happy to manage finances if required.
Enduring Powers of Attorney
The EPA has been replaced now, however if you made and signed an Enduring Power prior to 1st October 2007 then you may still be able to use it and have someone acting on your behalf.
There are rules and guidelines as to the use and creation of Powers of Attorney and our team are on hand to help you with it all from choosing your attorney to registering the paperwork for you. Call us on 01706 653322 for our Rochdale office, 0161 763 1000 for our Bury office or email us at [email protected] to make an enquiry.
The risks of OPG online LPA Tool
The Government’s Office of the Public Guardian (OPG) launched its online LPA tool, which it claims allows people to create the documents without the need for professional advice from a solicitor. A new report published by SFE warns of the risks of creating a LPA without specialist legal advice. View our news story for full details
