Lasting Power of Attorney – what is it ?
A Lasting Power of Attorney (LPA) is a legal document which allows you to appoint someone (your “attorney(s)”) to make decisions on your behalf if, in the future, you lose the mental capacity to make those decisions yourself.
The power to look after money and property is called a ‘Property and Affairs’ LPA and allows your attorney(s) to manage your property and financial affairs on your behalf.
A ‘Personal Welfare’ LPA gives your attorney(s) the power to make decisions about non-financial matters, such as where you should live or medical treatment.
What can my attorneys do on my behalf ?
Unless you state otherwise, your attorneys will have unrestricted ability to make decisions on your behalf. Because of this it is vital that you appoint someone you trust to be able to make responsible and sensible decisions. Your attorneys do have to act in accordance with the principles of the Mental Capacity Act 2005. Essentially this means they should always act in your best interests and should always try to involve you in making decisions whenever possible.
What is involved?
Making an LPA involves several stages:-
- The person making the LPA (the Donor) signs the document appointing their attorneys.
- A ‘certificate provider’ signs a declaration to confirm they are happy that the person making the LPA understands what they are doing and is not under any pressure
- The attorneys sign a declaration to confirm they are happy to act as attorneys and will act in the best interests of the Donor.
- The LPA is then sent to the Office of the Public Guardian to be registered. The LPA will not be valid until the registration process has been completed.
- Unless you state otherwise, a Property and Affairs LPA can be used as soon as the registration is complete.
I have an old-style Enduring Power of Attorney – do I need to replace it ?
No. If you have a valid Enduring Power of Attorney made before 1st October 2007 this continues to be valid. However, your attorneys will need to register your Enduring Power of Attorney if they suspect you are losing your mental capacity to deal with your own affairs.
We can help with the registration of an Enduring Power of Attorney. Please contact Andrew McLoughlin to discuss your case and what needs to be done.
I am concerned about someone who has lost their mental capacity. Can they make a Lasting Power of Attorney?
No. You cannot make a LPA unless you are able to understand the document and the nature of the decision involved. However, you may be able to make an application to the Court of Protection for access to the affairs of the person in question.
How do I make a Lasting Power of Attorney?
To arrange an appointment, or for more information on any aspect of Lasting Powers of Attorney or the Court of Protection free of charge, please contact Andrew McLoughlin.