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Does Lasting Power of Attorney override next of kin?

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Where you assets (money, investments, shares, property, etc) are concerned, your next of kin does not have any power to manage these for you in the event that you lose capacity to make decisions or you have difficulty doing things for yourself. Only an Attorney or court-appointed Deputy would be able to manage your financial affairs on your behalf.

In a medical setting, your next of kin only has the right to be informed about what is happening, and they may be involved in medical decisions. However, your next of kin does not have a right to step into your shoes and make decisions for you if you cannot do so for yourself.

Therefore an LPA does not ‘override’ the next of kin because it grants your Attorney powers that your next of kin does not have.

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