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The “I will only need a Lasting Power of Attorney should I lose mental capacity” Myth

In the latest edition of her series of myth busting articles, Sarah Nash, Solicitor and Head of Astle Paterson’s Wills and Probate Department, discusses the common myth that a Lasting Power of Attorney is only relevant when a person loses their mental capacity.

Sarah said “Whilst most people’s motivation for making a Lasting Power of Attorney is to ensure their financial affairs and welfare can be managed in the event of them becoming permanently mentally incapacitated, a Lasting Power of Attorney’s benefits in other circumstances are often overlooked.

If, when the Lasting Power of Attorney is prepared, the person making the Power of Attorney provides that the document can be used as soon as it is registered, then it can be used with their consent whilst they still have mental capacity.

This is useful for people who are physically impaired but mentally capable as they can then direct their nominated person to carry out tasks on their behalf which may not be convenient or easy for them to do themselves.”

Sarah concluded “The circumstances in which a Lasting Power of Attorney are useful are wide ranging and we therefore always recommend that our clients consider making a Lasting Power of Attorney at an early stage – well before the actual need for one appears to be in sight.”

Should you like to meet with one of our specialist Wills & Probate Lawyers, please telephone the Department’s direct telephone number 01283 743969.

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