A man who successfully challenged his mother's final will is likely to recover the lion's share of his legal costs after the High Court ruled that his brother, who attempted to uphold the will's validity, should pay his costs on the indemnity basis . In...
There are two sorts of Lasting Power of Attorney (“LPA”) – a Property and Affairs Lasting Power of Attorney and a Health and Welfare Lasting Power of Attorney. We can advise upon and prepare both types.
An LPA is a document which authorises somebody else to do things on your behalf. It need not be used until either it is needed or you want it to be used. However, if you own your house either on your own or jointly with someone else, or you have any investments or pensions or other assets in your name, if you had an accident or if you became very ill or confused, what would happen to everything in your name? Nobody would have any automatic authority to deal with these things, not even your partner.
If you make a Property and Affairs LPA you will authorise the person(s) that you choose to do things on your behalf in relation to your property and finances. It can be drafted to cover as much of your affairs as you want it to or just one particular item. It can give as much authority or as little as you want.
If you make a Health and Welfare LPA you will authorise the person(s) that you choose to make decisions about your healthcare and welfare. This includes decisions to refuse or consent to treatment on your behalf and even deciding where you live.Contrary to popular belief your spouse, if you are married or in a civil partnership, does not have an automatic right to make decisions regarding your health and welfare if you are no longer mentally capable of doing so yourself. If you have not made a Health and Welfare LPA and you lose mental capacity then it is the State that decides whether you should go into Long Term Care or what treatment you should have
If you make an LPA and then change your mind afterwards it is possible to take it back or “revoke” it.
You may have been asked to act as an Attorney for somebody else. There are strict legal rules about how you make decisions for another person, and we can advise you on these.