Capacity

Planning for what happens in our future can be full of uncertainty. We all like to be in control, but what happens if we lose the ability to make decisions and to manage our affairs?  Who would make decisions on our behalf?

Cohen Cramer have the specialist expertise in dealing with Lasting Powers of Attorney (LPA) and we can properly advise you about these important documents and will deal with your instructions without delay. An LPA is written when you are over the age of 18 and in full mental health and it is kept safely until such time that it might be needed.

An LPA is a legal document completed by someone called a “donor” who appoints one or more persons known as “the attorneys”. The attorneys will be able to make decisions on your behalf should you ever in the future lose the ability to do so yourself. You can appoint a friend, relative or professional person to be your attorney.

What are the benefits of an LPA?

• Allows you to choose the people who you want to make decisions on your behalf and how you want those people to make the decisions.
• Is a safe way of controlling decisions which will be made on your behalf after you have lost the capacity to deal with your own decision making.
• You can choose to have the LPA registered as soon as you have completed the forms for added peace of mind.
• Provides protection from abuse.
• Make the attorney accountable.

There are two types of LPA. The first – Property and Financial Affairs - allows your attorney to make decisions on your behalf about matters such as paying bills, collecting income and benefits or selling your house. The power can be subject to restrictions or conditions.

The second – Health and Welfare – allows your attorney to make decisions on your behalf about your personal welfare including whether to give or refuse consent to medical treatment and about where you should live. It is possible to select both options and we can advise and discuss the benefits of this with you.