"What will happen if I lose capacity?"

A lasting power of attorney (LPA) is particularly important for people that are living together as you  are not treated in the same way as spouses and civil partners.  

Whereas a spouse/civil partner will always have authority to act as next of kin, cohabiting partners may not be recognised as next of kin. This is particularly crucial for health and welfare decisions.

A power of attorney is a legal document that allows you to appoint one or more people to make decisions and/or act on your behalf. 

This can be at a time when you are incapacitated by illness or an accident, when you are suffering from a loss of mental capacity, or even while you are out of the country. 

There are two types - one relates to property and finances, the other to health and welfare.

  • Property and financial affairs

This gives your attorney the power to deal with matters such as your bank accounts, pensions, investments or the sale of your house

  • Health and welfare

This gives your attorney the authority to make decisions such as what medical treatment you should receive, where you should live and whether you should receive life-sustaining treatment. 
 

Expert legal advice

For more information or an informal chat about your next steps, contact us on 0344 326 0450 or email us.


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