Until now, the general approach has been that a company cannot claim privilege against its own...
There may come a time when you are not able to deal with your own affairs or be able to make decisions for yourself. LPAs allow you to choose who you wish to be responsible for your financial, property and business affairs (Property & Financial Affairs LPA) and your health and personal welfare (Health & Welfare LPA) at a time in the future when you are either no longer able to do so yourself (because of mental or physical incapacity) or when you no longer want to do so.
Property & Financial Affairs LPA
A Property & Financial Affairs LPA gives your Attorney(s) the right to make decisions concerning your financial assets which can include; your home, dealing with savings and investments, running your bank accounts, paying your bills and running any business interests you may have.
Health & Welfare LPA
A Health & Welfare LPA can only be used in the event you have lost your mental capacity. This LPA allows your attorney(s) to make decisions about your personal welfare and can include making decisions about where you should live, your day to day care and giving consent to or arranging for medical treatments.
Both types of LPA must be registered with the Office of the Public Guardian before they can be used. The documentation to be completed is complicated and detailed and often changes.
We are able to offer appropriate legal advice and prepare the necessary documentation for you to create and register an LPA for either Property & Financial Affairs or Health & Personal Welfare (or both). In addition we are able to offer advice to an attorney or a prospective attorney on the requirements of the Mental Capacity Act and the relevant Code of Conduct.
Should you wish, you can also put in place a Health & Welfare LPA to run alongside your existing Enduring Power of Attorney, to make provision for decisions about your healthcare and personal welfare. Your Attorney(s) can make decisions about where you should live, your day to day care and giving consent for medical treatment.