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Lasting Power of Attorney

A Power of Attorney allows you to appoint someone else to act on your behalf in certain legal transactions.

 

There are different types of Power of Attorney.  For instance, you can use a Section 10 General Power of Attorney to appoint someone to carry out a specific task, or a number of tasks, while you are away for a short period of time.

 

However, only a Lasting Power of Attorney can continue to be used if you should lose mental capacity.  There are two types of Lasting Power of Attorney, one for property and affairs, and one for health and welfare.

 

Property and Affairs

 

This Lasting Power of Attorney allows someone to manage your money.  They can pay your bills, move money from one account to another, even sell your house if necessary.  When you make the document, you can choose whether to allow your attorney to manage your money while you still have capacity (but perhaps need a little help) or only when you have lost capacity.

 

Health and Welfare

 

This Lasting Power of Attorney allows someone to make decisions on your behalf about medical or other welfare matters.  They can decide what kind of treatments you should have, and even, if you allow this when you make the document, whether life-supporting treatment should be stopped.  They can also have a say in where you should live, and who should be allowed to visit you.  They can only make these decisions for you if you are unable to make them for yourself.