Managing your affairs during your lifetime can become more difficult and it is wise to nominate someone whom you trust to look after your affairs, should you become mentally or physically unable to manage your affairs yourself.

A Lasting Power of Attorney (LPA) (which replaces the Enduring Power of Attorney) enables you to choose who you would like to manage your property, financial and general affairs should you become unable to manage them yourself. Your choice of Attorney will come into play either when you choose or when your mental health declines (subject to certain safeguards imposed by the Court of Protection).

You can also extend the powers under a LPA to those relating to your personal welfare, if you so wish.  You will also be able to place restrictions on what exactly your Attorney can deal with, such as property or restricting medical decisions.

In the absence of a valid Enduring Power of Attorney or Lasting Power of Attorney you have no legal right to access the property of or finances of a friend or relative who has lost capacity.

In such circumstances you will need to submit an application to be appointed by the Court of Protection as a Deputy. An application should be made to the Court of Protection when you have concerns that a friend or relative is:

1. Mentally incapable of managing their own affairs.
2. Has not made an Enduring Power of Attorney or Lasting Power of Attorney and is not mentally capable of doing so; and has assets that need to be used for their own benefit.

Your Attorneys will have the power to decide on issues such as where you will live, your care and medical treatment. They may also give or refuse consent to the carrying out or continuation of medical treatment, according to your wishes, although they cannot act if you are still capable of making those decisions for yourself.

To receive the right legal advice and support on all matters relating to your Lasting Power of Attorney, get in touch with B&L Solicitors today on 020 8288 3522 or click here to email us.