All you need to know about a lasting power of attorney

The Mental Capacity Act in 2005 introduced new legislation and regulations which included Lasting Powers of Attorney or LPAs. These are legal documents that are produced by an individual whilst they still have what is known as mental capacity and give those individuals more control over what deciding what will happen to them in terms of their medical care and finances and living arrangements should their mental capacity at some point in the future come into question. This could be due to an illness that temporarily puts them in a position where it is difficult to make decision for themselves or it could be a more long standing illness that creates a permanent issue with the way that their brain functions.

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When it comes to drawing up LPAs it is best to use a Power of Attorney Cheltenham company such as beesandco.com/our-services/power-of-attorney-cheltenham/ to ensure that they are completed correctly and filed legally. Legal advice from companies such as this should always be sought when creating LPAs as the information contained within them can have a profound impact on both your health and finances. There is no age at which you should consider having an LPA put in place but many people start to consider this once they settle into a serious relationship and others look at this at the same time as having a will produced following a marriage or the birth of a first child.

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There are two types of LPAs one that covers property and financial affairs and the other that looks at your health and welfare. The health and welfare LPA could be compared in basic terms to a living will. Essentially if you find yourself in a position where you no longer have mental capacity your appointed attorneys (who will be people close to you or perhaps those in the medical profession) will make decisions for you based on your best interests and any wishes that you have. This may be a non-resuscitation wish should you find yourself in a serious medical condition or it may be that you wish to remain in your home for a long as possible rather than being placed in a home. When there is no provision in place, such as an LPA, families can find themselves battling the courts to decide what medical care should be given or removed from an individual.

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