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Lasting Power of Attorney

Having an LPA in place is not just for the elderly! It is recommended that a Lasting Power of Attorney be in place for anyone over the age of 18. Car accidents, Stroke, Longterm illness and Mentally debilitating illnesses can effect us at any time in the North East. If you do not have a spouse to make the decisions for you then this will fall upon the Northumberland or Newcastle Local Authority or Medical Profession.

What is an LPA

A Lasting Power of Attorney enables you to legally appoint a person you trust to make decisions about your personal welfare and/or property and affairs if you are unable to due to disability or you lack mental capacity. (Mental Capacity Act 2005)

The LPA can be given in either or both of the two areas Personal Health and Welfare or Property and Financial Affairs. The decision to give the Lasting Power of Attorney must be done in advance of it being required and registered before use. The person giving the power must fully understand what he or she is agreeing to.

It is important that a Lasting Power of Attorney is made with a view to future possible use. Unfortunately, unforeseen occurrences and illness may prove the LPA too late to complete.

Personal Health And Welfare

Only coming into place when you are unable to make the decisions yourself, your appointed person(s) known as an attorney, would make decisions for you in relation to personal health and welfare. Carrying out any recommendations that you outlined in your LPA and always in your best interests. Decision making can be restricted but can cover all aspects of your day to day living through to which treatments you would accept. It is entirely up to you as to which powers of decision making are given to the attorney. If at any point you become able physically, or gain the mental capacity to make you own decisions then the power lapses until it is required again.

Property and Financial Affairs

Again the key is planning ahead for the unexpected situation where through disability or lack of mental capacity you are temporarily or permanently unable to make decisions for your property and financial affairs. The LPA would enable a person you trust to carry out day to day financial actions for you such as collecting benefits, writing cheques, paying bills it can also include buying or selling your home. As with the Personal Health and Welfare LPA if at any point you become able physically, or gain mental capacity to make you own decisions then the power lapses until it is required again.

An LPA provides peace of mind that someone you trust will be taking care of your decision making at a time when you are vulnerable.


Please contact us for further information and to answer any of your queries.