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A Lasting Power of Attorney is a legal document which allows you to appoint a person or persons whom you trust to act as your Attorney(s) to make decisions on your behalf.
There are two types of Lasting Power of Attorney namely a Property and Affairs and a Personal Welfare Lasting Power of Attorney. You can make either or both.
The Attorney(s) can only act within the guidelines as set out by the Mental Capacity Act 2005.
What is a Property and Affairs Lasting Power of Attorney?
This gives your Attorney(s) the authority to make decisions about your property and financial affairs. Once registered your Attorney has the authority to make decisions for you whether or not you lack capacity, subject to any restrictions you consider necessary.
Your Attorney is able to pay bills, have access to bank/building society accounts, buy and sell property and deal with your general financial affairs, subject to any restrictions you may wish to make.
What is a Personal Welfare Lasting Power of Attorney?
This gives your Attorney(s) the authority to make decisions about personal welfare, which can include where and with whom you should live, day to day care and diet, consent or refusal to medical treatment and where specifically granted by you for your Attorney(s) to make decisions about life sustaining treatment. Again this is subject to any restrictions you may impose on your Attorney(s).
As the Attorney(s) can only act when you have lost capacity, if you wish them to give consent to medical treatment and/or life sustaining treatment it is prudent to register this immediately. The registration process takes a number of weeks and without it being registered they would not be able to make the decisions you require them to if an emergency situation arose.
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