What is a Lasting Power of Attorney….

… a Lasting Power of Attorney (LPA/POA) is a legal document where a person creating the document gives another, who is to be the Attorney, the authority to make certain decisions on their behalf in relation to either their property and financial affairs and/or their general health and welfare.

The LPA needs to be created at a time that you have sound mind and have capacity to make decisions for yourself but does not give the Attorney the power until such time that you may lose this capacity.

In the absence of an LPA any person could apply to court to be given the authority to manage your affairs and/or make decisions on your behalf. Having an LPA in place gives you peace of mind that you will be looked after by someone who has your best interests at heart.

The two types of LPAs:

  • Financial and Property Affairs
    This allows your attorney(s) to manage your financial and property affairs and to be able to assume control over all your property, unless you have stated restrictions in the LPA
  • Health and Welfare
    This type of LPA allows the attorney(s) to make health and welfare decisions for you which includes: where you live, day-to-day care arrangements for medical services and assessments (community care), consenting or refusing treatment and social activities. This LPA will also ask you if you want your attorney(s) to have the power to make life sustaining decisions on your behalf.

Your chosen attorney(s) need to be aware they have been nominated to act under the LPA, as they also need to sign the LPA document.

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