What can my Attorney do?

When creating a Lasting Power of Attorney (LPA), it is essential to understand the extent of authority granted to your chosen attorney. At Legacy Matters, we provide expert guidance to help you comprehend what your attorney can do on your behalf under the Lasting Power of Attorney. In this article, we will explore the scope of an attorney’s authority, outline their responsibilities, and showcase how Legacy Matters can assist you in navigating the intricacies of Lasting Power of Attorney to ensure your interests are protected.

I. The Authority of Your Attorney in Lasting Power of Attorney

  1. Financial and Property Affairs LPA: If you have appointed an attorney for Financial and Property Affairs, their authority may include:

    a. Managing your bank accounts, investments, and financial transactions.

    b. Buying, selling, or managing property on your behalf.

    c. Dealing with tax affairs, including filing tax returns.

    d. Making decisions regarding investments and managing your financial assets.

  2. Health and Welfare LPA: If you have appointed an attorney for Health and Welfare, their authority may include:

    a. Making decisions about medical treatments and care, including consenting or refusing treatment.

    b. Deciding on your living arrangements, including choosing a care home or determining care at home options.

    c. Managing end-of-life decisions and choices, such as those related to life-sustaining treatment or organ donation.

II. Responsibilities of Your Attorney

  1. Acting in Your Best Interests: Your attorney has a legal duty to act in your best interests, considering your previously expressed wishes and preferences when making decisions on your behalf.
  2. Compliance with the LPA: Your attorney must comply with the terms and conditions outlined in the Lasting Power of Attorney document and ensure they fulfill their obligations accordingly.
  3. Keeping Accurate Records: Your attorney should maintain comprehensive and accurate records of their decisions, actions, and any transactions carried out on your behalf.

III. Legacy Matters: Assisting You in Understanding Your Attorney’s Authority

  1. Expert Consultations: Legacy Matters provides expert consultations to help you comprehend the authority of your attorney under Lasting Power of Attorney. They address your queries, provide clear explanations, and ensure you have a thorough understanding of your attorney’s role and responsibilities.
  2. Personalized Advice: Legacy Matters offers personalized advice based on your specific LPA and circumstances. They help you understand the scope of your attorney’s authority and assist in clarifying any areas of concern.
  3. Supportive Documentation: Legacy Matters provides assistance in drafting the Lasting Power of Attorney document, ensuring that the authority of your attorney is accurately and precisely defined. They help you customize the LPA to reflect your wishes and preferences while complying with legal requirements.

Understanding the authority and responsibilities of your chosen attorney is crucial when creating a Lasting Power of Attorney. Legacy Matters recognizes the importance of comprehending the scope of your attorney’s authority and offers expert guidance to ensure your interests are protected. Through expert consultations, personalized advice, and supportive documentation, Legacy Matters assists you in navigating the complexities of Lasting Power of Attorney. Trust in Legacy Matters’ expertise to help you understand what your attorney can do under Lasting Power of Attorney, empowering you to make informed decisions and secure your future with confidence.

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