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Lasting Power of Attorney

This is similar to the old Enduring Power of Attorney. It allows your attorney to operate bank accounts, make investments, sign tax returns and purchase property as your main place of residence.

This power can be used before you lack mental capacity, unless you restrict this power.

LPA for Personal Welfare

This covers matters such as where you live and who should provide your care and medical treatment and can only be used after you lack the capacity to make the decision for yourself.

What happens if I don’t have a lasting Power of Attorney?

Close friends and family (including your spouse/partner) do not automatically have the right to take over your affairs.

The LPA has been created to ensure that whilst you are of sound mind you can appoint someone you trust to look after your affairs if it becomes necessary.

Without an LPA, the Office of the Public Guardian will appoint a Receiver to act on your behalf. This process takes time (LINK), and in the meantime bills cannot be paid and your affairs cannot be looked after.

Save on unnecessary fees.

With an LPA in place, there would be no Office of the Public Guardian charges nor court or solicitor’s fees. This could mean a possible saving of many thousands of pounds over the years.