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Q&A Part Two

Q&A Part Two

Do you have questions regarding how to know when to get a Lasting Power of Attorney? How to know which Lasting Power of Attorney you need? Or what happens if you do not have a Lasting Power of Attorney? Read on to see Sharon Lamerton of Plym Legal Services answer some of your questions in our second Q&A instalment below.

How do I know when to get a Lasting Power of Attorney?

My response to that would be you must put in place Lasting Powers of Attorney as soon as you think of it, do not wait until you need it because it may be too late to put it in place.

How do I know which Lasting Power of Attorney I need?

There are 2 types of Lasting Power of Attorney, one is for health and welfare which deals with any decisions to be made about your health and about your care and this can include, remaining in your own home, moving to a care home, and indeed whether you should receive life sustaining treatment. The other is for property and financial affairs, this LPA allows your attorney to make financial decisions on your behalf, including, making withdrawals from your bank, paying for your care needs, or selling your home. You need both Lasting Powers of Attorney, without question.

What happens if I do not have a Lasting Power of Attorney?

If you do not have a Lasting Power of Attorney and something happens to you and you lose capacity, the decision makers will be professional bodies such as the NHS or social services. People assume that their family, their next of kin will be able to make decisions on their behalf but that is not the case unless you have a Lasting Power of Attorney for health and welfare and property and financial affairs in place. If the decision to be made relates to finances or property, then your attorneys can make a decision. If the decision to be made relates to your health and welfare, your attorney under a health and welfare power of attorney will be the decision maker. Without those Powers of Attorney, the decision makers will be the NHS or social services.

Posted on Oct 05, 2020

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