In this episode of The Legal Rabbit Hole, hosts Charlotte Day and Megan Lovell from the Wills and Probate team discuss the critical concept of Powers of Attorney (POA). They explain what a Lasting Power of Attorney is, the different types available, and the importance of having one in place to make decisions on your behalf in case of incapacity.

Key Takeaways

· A Lasting Power of Attorney is a legal document that allows you to appoint someone you trust to make decisions for you if you lose mental capacity or if you have mental capacity but need assistance.

· There are two main types of Lasting Powers of Attorney:

Lasting Power of Attorney for Property and Financial Affairs: Allows Attorneys to make financial decisions, such as paying bills, managing and accessing bank accounts, and buying and selling property.

Lasting Power of Attorney for Health and Welfare: Enables Attorneys to make decisions about your health and welfare such as your care and living arrangements, or to make decisions about medical treatment, including life sustaining treatment if there comes a time when you are unable to do so.

· It is essential to choose trustworthy Attorneys, often family members, who will act in your best interests.

· Lasting Powers of Attorney must be correctly signed and registered to be valid and capable of being used. The process can take time, making it crucial to set them up early.

· If someone loses capacity without a Power of Attorney in place, family members may need to go through the Court of Protection to obtain a deputyship order, which is more time-consuming, costly and burdensome.

Resources Mentioned

The role of certificate providers in confirming the capacity and understanding of the person creating the Power of Attorney.

Timms Solicitors : For further questions or to discuss your own Power of Attorney needs, reach out to Timm's Solicitors via their website, email at legal@timms-law.com or call freephone 0800 011 6666.

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