Lasting Power of Attorney
A Lasting Power of Attorney (LPA) is a legal document that enables you (the donor) to appoint one or more people (the attorneys) to help you make decisions or to make decisions on your behalf.
An LPA only comes into effect if you were to lose capacity and no longer be able to make your own decisions, possibly after an accident or should you develop an illness. An LPA can be cancelled at any time.
You are able to make an LPA if you are over 18 and have mental capacity at the time of preparing the LPA.
There are two types of LPA:
health and welfare; and
property and financial affairs
You can choose to only make one type or both. You may choose a health and welfare LPA to enable your attorney(s) to make decisions regarding things such as your daily routine, medical care, where you will reside and life sustaining treatment. Examples would include whether you want to move to a care home or not and whether you have any specific dietary needs or religious beliefs.
A property and financial affairs LPA may be relevant if you want your deputy to make decisions about your money and property. This might include managing your bank accounts, paying bills, collecting benefits or selling your home.
Forms can be downloaded from the internet and can be completed yourself, however they can often be confusing. The team at Abbotstone Law are specialists and are well placed to guide you through this process.
If you need to make a decision on behalf of someone who has already lost capacity then this may still be possible by applying to the Court of Protection to be made a ‘deputy’. This is also something we can help with.
Advance Decisions
Advance Decisions, sometimes referred to as advance statements and living wills are things you can do to make sure others know which medical treatment(s) you would want to refuse or how you would like to be treated should a situation arise where you are not able to make this decision yourself.
An Advance Decision to refuse treatment enables you to explain any medical treatment(s) you would not want doctors to give you should you lack capacity and be unable to make the decision yourself.
Most Advance Decisions can be made verbally to your doctor. However, if you are making an advance decision to refuse lifesaving treatment then this must be in writing, signed and dated. It is often better to put any advance decision in writing just in case.
If a doctor is aware of an Advance Decision and it is valid and applicable then they are legally bound to follow it regardless of whether they think it is in your best interests. To make an Advance Decision you must be over the age of 18 and have mental capacity at the time of making the Advance Decision.
A Lasting Power of Attorney
A Lasting Power of Attorney (LPA) is a legal document that enables you (the donor) to appoint one or more people (the attorneys) to help you make decisions or to make decisions on your behalf.
An LPA only comes into effect if you were to lose capacity and no longer be able to make your own decisions, possibly after an accident or should you develop an illness. An LPA can be cancelled at any time.
You are able to make an LPA if you are over 18 and have mental capacity at the time of preparing the LPA.
There are two types of LPA:
health and welfare; and
property and financial affairs
You can choose to only make one type or both. You may choose a health and welfare LPA to enable your attorney(s) to make decisions regarding things such as your daily routine, medical care, where you will reside and life sustaining treatment. Examples would include whether you want to move to a care home or not and whether you have any specific dietary needs or religious beliefs.
A property and financial affairs LPA may be relevant if you want your deputy to make decisions about your money and property. This might include managing your bank accounts, paying bills, collecting benefits or selling your home.
Forms can be downloaded from the internet and can be completed yourself, however they can often be confusing. The team at Abbotstone Law are specialists and are well placed to guide you through this process.
If you need to make a decision on behalf of someone who has already lost capacity then this may still be possible by applying to the Court of Protection to be made a ‘deputy’. This is also something we can help with.
Advance Decisions
Advance Decisions, sometimes referred to as advance statements and living wills are things you can do to make sure others know which medical treatment(s) you would want to refuse or how you would like to be treated should a situation arise where you are not able to make this decision yourself.
An Advance Decision to refuse treatment enables you to explain any medical treatment(s) you would not want doctors to give you should you lack capacity and be unable to make the decision yourself.
Most Advance Decisions can be made verbally to your doctor. However, if you are making an advance decision to refuse lifesaving treatment then this must be in writing, signed and dated. It is often better to put any advance decision in writing just in case.
If a doctor is aware of an Advance Decision and it is valid and applicable then they are legally bound to follow it regardless of whether they think it is in your best interests. To make an Advance Decision you must be over the age of 18 and have mental capacity at the time of making the Advance Decision.
If you require advice and assistance in relation to a Lasting Power of Attorney or Advance Decision then please do not hesitate to contact us on 020 3735 1999/1998.