Lasting Powers of Attorney
Lasting Powers of Attorney are documents which are used during your life.
They allow you to appoint someone that you trust as your attorney to look after your affairs in the event that you are not able to do so yourself.
There are 2 types:
Lasting Power of Attorney – Property & Financial Affairs:
- This one enables your attorney or attorneys to look after your financial affairs. They are able to run your bank accounts & investments & sell your property.
- It can be used in the event that you do not have the capacity to make the decisions yourself in which case your attorney makes the decision for you
- Or if you still have mental capacity but are physically unable to manage your affairs, then you continue to make your own decisions and your attorney simply carries out those instructions
Lasting Power of Attorney – Health & Welfare
This one allows your attorney or attorneys to look after your health & welfare. They are able to decide where you live, provide consent to medical treatment and even make decisions on life sustaining treatment.
Registration & The Office of the Public Guardian
Before any of the above documents can be used, they must be registered at the Office of the Public Guardian. You do not need to register the document immediately, however our advice is usually to register straight away. Should something happen to you suddenly and the document is not registered, your attorneys cannot act and the registration process has been known to take up to 4 months with no process for urgent applications.
What is an Enduring Power of Attorney?
Enduring Powers of Attorney executed prior to October 2007 are still valid. They were replaced with the current Lasting Power of Attorney system. Should you have an Enduring Power of Attorney but are concerned about its validity we can advise you further.
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