LPA Week: The 2 types of Lasting Power of Attorney

In our second post of the week Rachel looks in to the two different types of Lasting Power of Attorney.

There are 2 types of Lasting Power of Attorney and you can choose to have just one type or both. They cover the following:

1. Health and Care decisions – this can only be used by your attorney should you lack mental capacity.
2. Property and Financial decisions – this can be used by your attorney if you lack     mental capacity. It can also be used if you have capacity but give consent to      your attorney to assist you with your property and financial affairs. The consent can      be limited to a specific task or for a period of time. An example would be if you were      to have an operation, which meant you would not be mobile for some time, you    could give consent to your attorney to assist you with financial and property   matters during that period.

It is important to note, if you do not select the option allowing yourself to give consent and later change your mind, this will mean a new application has to be made to the court. Therefore, careful consideration must be given about whether you would like your attorney to assist if you, if you have capacity.

Although our offices are currently closed, we are still very much open for business. If you wish to discuss the above please do get in touch and we shall be happy to assist.