Lasting Powers of Attorney – Myths and Facts

Two in three people will lose the capacity to make decisions at some point. The most common conditions that affect capacity include stroke; Alzheimer’s and other forms of dementia, someone could also lose mental capacity as the result of an injury, in a car accident for example.

In any situation where you lack capacity unless you have already completed a Lasting Power of Attorney, your loved ones will need to apply to become your ‘deputy’ through the Court of Protection, Deputyship is a time consuming and arduous court process that can cost thousands of pounds. To avoid this a lasting power of attorney is a legal document that lets you ‘the Donor’ appoint someone you trust known as an ‘attorney’ to make decisions on your behalf. In order to make a power of attorney you must still have mental capacity, once you have lost capacity, it is too late.

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