Lasting Powers of Attorney (LPA)

In a recent interview, ITV presenter, Kate Garraway revealed the financial struggles she encountered when her husband contracted Covid19 in 2020 and was placed into a coma to help his chances of recovery. Kate talked openly about the legal difficulties in accessing funds and trying to remortgage their jointly owned property. Kate also discussed how she couldn’t even replace their family mobile phones because the contracts are in Derek’s (her husbands) name. Due to data protection, Kate was also unable to access her husband’s medical notes.

Kate Garraway has openly admitted that they had previously talked about putting Lasting Powers of Attorney (LPAs) in place but, like most, just not got round to it. Don’t leave it until it Is too late. An LPA can reduce the risk of difficulty should the worst happen.

kate-garraway-derek-draper.jpg

An LPA is probably the second best estate planning item you can purchase. Certan disorders are becoming more prevalent and can impair the ability to make decisions;

  • Motor Neuron Disease

  • Dementia

  • Stroke

  • Parkinson's Disease

A Lasting Power of Attorney document offers you some protection and safeguards by enabling you to appoint an attorney to make decisions on you behalf if you lack capacity in the future. You must be 18 or over and have mental capacity (the ability to make your own decisions) when you make your LPA.

There are two types of LPA.

We have the right to appoint someone as our "attorney". An attorney is someone you select to look after your affairs should you be unable to manage your affairs in the future. You can do this by making a Lasting Power of Attorney (LPA), which must be registered with the office of the Public Guardian. The individual (known as the Donor) can appoint up to four attorneys and a replacement attorney if they wish.

Health and Welfare

A health and welfare LPA gives the attorney(s) the power to make decisions about health and personal welfare, such as day-to-day care, medical treatment, and where the person should live.

Property and Finance LPA

A property and financial affairs LPA gives the attorney(s) the power to decide on financial and property matters, such as selling a house or managing a bank account.

Email Me Your Questions

Not to be confused with a
General Power of Attorney

A General Power of Attorney is typically created where the Donor wishes to appoint someone else to act on their behalf, this could be whilst they are out of the country or where they may be unable to act for some other reason, possibly being in the hospital. If the Donor has already lost their mental capacity, a General Power of Attorney cannot be used and will automatically terminate on the loss of mental capacity.