Lasting Powers of Attorneys (LPA) – which is which?
There are two types of LPA’s but what are the differences?
Property and Affairs LPAs for decisions about finances, for example in relation to bank accounts, utility companies and property. This LPA can be used by your attorneys as soon as the document is registered, regardless if you have lost your capacity. If you wish for your attorneys to use the document while you have your capacity then they must follow your instruction.
Personal Welfare LPAs for decisions about welfare and health, such as where you live and what care and medical treatment you might receive. At present your next of kin can only be consulted when you are unconscious or mentally impaired. You may wish to have someone other than your next of kin making such decisions or have an Attorney assist with decisions whilst you still have capacity. This LPA can only be used once you lack capacity, for example should you be unconscious or be unable to make a decision due to lack of capacity
Should you have any questions regarding LPA’s and there uses, or wish to make an appointment to give instructions please do not hesitate to contact our probate department