The recent enactment of the Lasting Powers of Attorney and Capacity Act 2018 (“LPACA”) provides our clients with an unprecedented ability to meaningfully plan for their future. The Act provides for two main ways to take control of your future care and/or finances.
1. Lasting Powers of Attorney
The Act allows individuals to name one or more persons over the age of 18 to act as their attorneys if and when they lose capacity to make such decisions for themselves. An individual can make a Lasting Power of Attorney which concerns either health and welfare decisions, financial and property affairs decisions or both.
Lasting Powers of Attorney are written documents which must be registered in a centralised registry before they are given full and valid effect.
For more information on the duties of an Attorney under a Lasting Power of Attorney, please contact our team or consider the contents of the guide issued by the Government of Gibraltar (http://gcs.gov.gi/images/LPA/easy_to_read_guide_lpa.pdf).
2. Advance Decisions
Advance decisions can be made by any individual who wishes to refuse specific medical treatments in the future where these medical treatments are proposed to be given after the individual has lost mental capacity.
Our Jonathan Tirado assisted the Government of Gibraltar in the drafting of satellite LPACA legislation as well as accompanying Codes of Practice.
Verralls Barristers and Solicitors would be more than happy to guide you through this area of law and produce a Lasting Power of Attorney and/or Advance Decision for yourself to ensure the kind of future you envisage for yourself.
Why not consider instructing us to provide you with a will to ensure total control over all your future affairs? (https://verralls.gi/private-client/)