Powers of Attorney
There may come a time in your life when you are unable to manage your financial affairs or personal welfare, owing to some form of incapacity and you will need someone to act on your behalf.
Even when we are young, we can find ourselves incapacitated owing to illness or injury and it can be invaluable having a reliable person, who is able to manage your personal affairs and remove the anxiety of having unpaid bills, at a time when you most need peace of mind.
Similarly, as we get older, the need for an attorney increases as we are more prone to illness and injuries.
By creating an Attorney in advance ensures that if the worst were to happen, you can rest assured that both your financial affairs and personal welfare are in safe hands.
You can appoint a friend, relative, or a professional as your Attorney which allows them to act on your behalf.
It is important that you choose who you would like to act on your behalf very carefully. You should choose people you can trust to act in your best interests, giving consideration to how they manage their own affairs.
LPA for Property & Financial Affairs
A Lasting Power of Attorney for Property & Financial Affairs gives authority to the appointed attorney to handle property and financial matters for the Donor. The powers extend to all matters concerning the Donor’s finances. This could include selling property belonging to the Donor, including the Donors home, buying property in the Donor’s name, managing bank accounts and investments, continue to run their business and make decisions about the Donor’s healthcare and payment for this care.
LPA for Health & Welfare
A Lasting Power of Attorney for Health & Welfare covers decisions relating to your social and healthcare needs which can include where the Donor lives, how they are cared for and what healthcare they receive, for example, the decision to send the Donor to a nursing home.
Attorneys of a Health & Welfare LPA can only use this power if the LPA document has been registered with the Office of Public Guardian and the Donor is not capable of making the decisions themselves.
An Advance Directive, or Living Will can be overridden by a subsequent Health & Welfare LPA if the Donor has specifically chosen to give their Attorney the authority to give or refuse life-sustaining treatment on their behalf. This also means that a Health & Welfare LPA can be overridden by a valid and applicable Advance Directive (Living Will) made after the Health & Welfare LPA, if in the LPA the Donor has chosen not to give authority to their Attorney to authorise life-sustaining treatment.
The Health & Welfare LPA covers both the welfare of the Donor and the consent of refusal of consent to life-sustaining treatment.