The Things That a Lasting Power of Attorney Can Do in the UK
A lasting power of attorney enables you to assign a qualified person to make sound decisions just in case you would not be able to due to unforeseen circumstances. It has become a necessity for the elderly or anyone with special needs due to age, health, or other factors.
The following are the tasks that a lasting power of attorney can do for you.
- A lawyer can make decisions regarding your finances, investments and property on your behalf.
- The lawyer can also apply for a passport, claim benefits on your behalf, or deal with your pension and small benefits.
- A lawyer can make decisions regarding your health care, including choosing doctors, dentists and other medical professionals, or attending to medical procedures, including surgery.
- Making health care decisions might also include accepting or refusing organs for donation and the right to say what is done with your body after death.
- A lawyer can also make decisions regarding your wishes concerning parenthood and the future guardianship of your children.
- A UK lawyer can also make decisions regarding your wishes after your death, including burying or cremating your body and distributing any objects you have left behind.
- You can also assign a lawyer to look after your affairs if you are away from home for a period exceeding six months.
What Are the Different Types of Power of Attorney?
There are basically three types of power of attorney that you can choose from.
1. Property and Financial Affairs Power of Attorney.
This lasts for as long as the person is capable of making decisions on your behalf. The decision-making authority here is limited to financial and property transactions, and it can include dealing with your house, other properties, investments and other financial matters. It does not include making decisions about your health care.
2. Lasting Health Care Power of Attorney.
This is a special lasting power of attorney that will allow you to appoint a trusted outsider to make healthcare decisions for you. This could include giving consent for a doctor to perform an operation on you or to make decisions about life-sustaining treatment.
3. Enduring Power of Attorney.
This can be used to make decisions about your finances, health and property if you cannot make those decisions yourself in the future. This grants the chosen lawyer the same powers as your property and financial affairs power of attorney.
How to Apply for a Power of Attorney in the UK
You can apply for a lasting power of attorney to grant a trusted person to make decisions on your behalf. You will need to appoint an attorney in writing, stating your name, age, address and place of birth, as well as the name of the person who will be your attorney. You will also need to state the duration of the power that you are giving to the person, the area of authority and the specific powers that you are giving.
You will also need to state that you have not been subject to any undue influence, violence, fraud or deception. The person who will be your attorney will need to sign your application and affirm in writing that they have not been subject to any force, fraud or deception. If a lawyer is appointed, you will also need to designate a solicitor to act as a witness.
You will also need to ensure you are of sound mind and not under an incapacity. If the power is given to a spouse, you will also need to be unmarried, and you should have been married for at least two years.
Overall, a power of attorney is one of the best legal tools that can help you and your family. It can help you manage your affairs when you get old, and it can save your family plenty of time, money and effort.
It can also greatly increase the quality of care that you get. It can provide peace of mind to both you and your family members. It can alleviate the burden of handling your affairs and take a lot of stress off of your family.
If you are looking for an institution that provides lasting power of attorney in the UK, look no further than our services here at Wills and Probate. We can help in all aspects of future and financial planning, from wills to probate to advice on inheritance tax. Call us today and let us establish that well-needed LPA for the future of your family.