Re: Autumn 2016 | Page 61

Have a cunning plan! What is a Lasting Power of Attorney? These documents are commonly called an LPA and there are two types; A Property and Finances LPA by which your attorney/attorneys deals with your property and money. It is possible for this document to be used by your attorney/attorneys while you are still mentally fit; A Health and Welfare LPA by which your attorney/attorneys deals with decisions about your medical treatment, health issues and social welfare. Your attorney/attorneys may only use this document if you have lost mental capacity. You may tend to associate Lasting Powers of Attorney with older people when they are unable to manage things for themselves and need help in running their home, dealing with money and day to day matters. This is one of the main benefits. Some people don’t want to make these documents until they have no alternative. At this point they may be seeking to appoint attorneys when their physical or mental health, or sometimes both, is declining and they are already in a vulnerable position. But there is no need to wait until you yourself are in that unthinkable situation. You can take control now and put LPAs in place so that your trusted attorneys are able to act should that unfortunate time arise. Your attorney /attorneys will be able to help if you need assistance in managing your money, paying bills and dealing with today’s ever increasing bureaucracy, or if decisions need to be made about how you continue to look after yourself at home, or what procedures and treatment the medical profession can give you. Do you need to take legal advice on making these documents? Just as you could draw up your own Will you could also draw up your own LPAs. However, do not underestimate the apparent simplicity of completing the LPA forms which bears no relation to the potential far reaching effect and consequences of these documents. Most people take legal advice when making a Will because they want their property and affairs to be sorted out properly after they have gone and to ensure things are passed on to their chosen recipient(s). There are technical rules which must be observed in order to create a valid Will whereas completing the LPA forms may seem fairly straightforward and something that you or a relative can do for you. However, you could be giving your attorney or attorneys very wide powers and control over your affairs during your lifetime and you could be enabling them to deal with very important matters when you are in a vulnerable state. Thus LPAs can be extremely powerful documents and it would be wise to seek advice of the implications of making them, who will keep them until they are needed, and when the attorneys can use them Come and see us about putting LPAs in place; we can discuss with you the implications of what you are allowing your attorneys to do under the LPAs; we make sure the LPAs are correctly set up and registered; we can store the original documents until they are needed some time in the future; and we can provide certified copies of the documents as required. B  y Mei Evans 59