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5 reasons why you might need a Lasting Power of Attorney

Posted on Wednesday, 10th July 2013 by
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Why would I need a Lasting Power of Attorney?

 

Lasting Powers of Attorney are important legal instruments that allow certain rights to be granted to a guardian or carer, so that they can control aspects of an individual’s life that they can no longer manage for themselves.

 

Here are five examples of when, and why, you might need a Lasting Power of Attorney:

 

1. You suffer physical disability

 

If you become physically disabled, a Lasting Power of Attorney can allow a named individual to do things on your behalf that you are no longer physically capable of doing.

 

This is best suited to disabilities that are unlikely to improve with time, such as paralysis.

 

2. You suffer mental impairment

 

If your mental processes are damaged significantly, due for example to brain injury or stroke, a Lasting Power of Attorney can again give a named individual the ability to handle your affairs for you.

 

3. You have a degenerative illness

 

A Personal Welfare LPA does not become effective immediately; first, you must be unfit to handle your own affairs.

 

That means, if you have a degenerative illness, you can register an LPA without immediately losing control of your own life.

 

Only when your illness progresses sufficiently will the LPA be invoked and control handed to your trusted, named individual.

 

All of the above issues can be handled using a Personal Welfare LPA.

 

4. You have substantial property holdings

 

If you own a lot of property, you probably have more at stake than most people – and, if you lose your mental faculties, you need to be confident that somebody trustworthy is in control of your estate.

 

A Property and Affairs LPA comes into force immediately, unless a restriction is placed on it, and lets you know that your home is safe for as long as your named individual chooses to retain ownership of it.

 

A Property and Affairs LPA concerns your money and property holdings, and is effective immediately.

 

5. You are hospitalised

 

Finally, if you are hospitalised for only a temporary period, a Power of Attorney can give the same rights as a Lasting Power of Attorney, but only until you are healed and ready to take back control.

 

This can, for example, allow a trusted friend or family member to pay your bills or deposit cheques into the bank, as though you were fit and healthy enough to do so yourself.

 

A Power of Attorney offers the same rights as an LPA, but for a limited period of time.

Emma Fuller is head of the private client team at EHL; our solicitors in Loughborough are experts in their fields and dedicated to quality client care. If you would like to find out more about our solicitors in Loughborough please contact us.

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The information provided in all of our blogs reflects only a narrative of some elements to consider on the topic. The blogs do not contain considered legal advice and should not be relied upon as advice. Please see our website terms and conditions for full details of our disclaimer. If you are interested in obtaining advice, please contact one of our lawyers who will be happy and able to advise you on your own particular circumstances.

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Emma Fuller - Wills, Probate and LPA
Emma Fuller - Wills, Probate and LPA
emma.f@ehlsolicitors.co.uk 01509 212 108
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