Powers of Attorney

Powers of Attorney

A Lasting Power of Attorney (LPA), or a Continuing Power of Attorney in Scotland, is a legal document which grants attorneys the power to make decisions on a person’s behalf, should they lose the capacity to do so themselves (e.g. through age, illness or accident).

There are two types of LPA document: the first grants attorneys the power to make decisions about a person’s financial affairs (including property); the second grants attorneys the power to make decisions about a person’s health and welfare. Creating both types of LPA is a vital step in estate planning. In Scotland there can be a combined Power of Attorney covering both types.

LPAs allow the person who created them to plan and choose:

  • Which decisions are to be made on their behalf;
  • Who will make those decisions;
  • How those decisions are to be made.

The Mental Capacity Act 2005 created a Code of Practice for people acting on behalf of others who have lost capacity. This code protects the interests and wellbeing of those who cannot make their own decisions, as well as offering guidance for attorneys appointed to act on their behalf.

If a person loses capacity without having created Lasting Powers of Attorney (or without the older Enduring Power of Attorney which predates them) then an application to the Court of Protection for a deputyship order will have to be made before any decisions can be made on their behalf. It is common for jointly owned assets to be frozen throughout this process.

SIGN UP TO

Join our mailing list

If you would like to hear about important news and information then please enter your details in the form below.

You are now leaving the website of Anne Wray Independent Financial Adviser and we cannot be held responsible for the content of this external website.

You are now leaving the website of Anne Wray Independent Financial Adviser and we cannot be held responsible for the content of this external website.

You are now leaving the website of Anne Wray Independent Financial Adviser and we cannot be held responsible for the content of this external website.

Count me in

You are a valued client of Anne Wray IFA. If you would like to hear about important news and information then please complete your details below.

It is to meet the new General Data Protection Regulation (GDPR), which builds on previous data protection legislation and comes into effect on 25th May 2018. It is designed to protect the public from receiving marketing materials they haven’t asked for.

This means we need to be able to demonstrate that you gave consent for us to contact you with news.

We’re very proud of our ethical approach, we will not pass your details to any third party. Your information will be stored securely and used to contact you with news and information which we hope will be of interest.

Thank you.

Subscribe to our mailing list

* indicates required