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A Will determines what happens to a person’s estate (money, property and possessions) following their death. It is the best way to protect and provide financial security for your loved ones, and the only way to avoid your estate being distributed according to the intestacy rules.
A Power of Attorney comes into effect when a person lacks the mental capacity to make decisions for themselves. To be valid, the LPA must be set up when the person is still capable and fully aware of the implications of the document.
Types of Power of Attorney
An Ordinary Power of Attorney can be used for temporary periods of incapacity, such as going into hospital for an operation. If incapacity is permanent, a Lasting Power of Attorney (LPA) lets one or more persons act on your behalf (known as attorneys). There are two kinds of LPAs available:
Do I need a Power of Attorney if I am married or have children?
It is wrongly assumed that a spouse or children could make decisions on your behalf if you were to lose mental capacity due to illness or an accident. Instead, they would need to apply to the Court of Protection to obtain a relevant order. This is a long and costly process, which why it is crucial to have a valid LPA in place before it is needed. Our friendly lawyers can help you set up an LPA today.
Although it is understandable that people do not want to consider their own death, it is very important to make sure your loved ones are protected by a valid Will. Get in touch with our lawyers to discuss this further. Our Power of Attorney Lawyers can also advise clients on the best options in their circumstances and help prepare any applications.