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Power of Attorney

There may be times in your life when you, or someone close to you is unable to manage their own financial affairs or personal welfare, by reason of physical or mental incapacity, or in the case of financial affairs because time is having to be spent away from home. A Power of Attorney is a legal document, which authorises someone to sign papers on another's behalf, or to make decisions for them. Powers of Attorney can be "Ordinary" or "Lasting".

The difference between a Lasting Power of Attorney and an Ordinary Power of Attorney is that an Ordinary Power of Attorney becomes invalid if the donor becomes mentally incapable, whereas a Lasting Power of Attorney can still be effective, providing the necessary steps are taken.

It is sensible to make a Lasting Power of Attorney, as this enables you to select one or more people to act for you now, if you wish, and in the future, should you become mentally incapable. It gives you the opportunity to have a say about your future; it will also make it easier for your carer to act on your behalf in the future. You can set up a Lasting Power of Attorney as long as you are aware of what is involved and can show that you understand the process.

There are two different types of Lasting Power of Attorney:

A Property and Affairs LPA allows your Attorney to make decisions on your behalf about your property and affairs, including paying your bills, collecting your income and benefits or selling your house subject to any restrictions or conditions.

A Personal Welfare LPA allows your Attorney to make decisions on your behalf about your welfare, including whether to give or refuse consent to medical treatment on your behalf and deciding where you live.

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