Lasting Powers of Attorney
A Lasting Power of Attorney (LPA) is a legal document that allows you (the Donor) to appoint another person/persons (the Attorney/s) to make decisions and act on their behalf if they lack the mental capacity to do so. You can only draw up an LPA if you have sufficient capacity to do so.
If a person has not made an LPA and they lose capacity then an application to the Court of Protection will need to be made.
There are two types of LPA – one which relates to your property and financial affairs and one for decisions relating to your personal health and welfare.
Lasting Power of Attorney for Health and Welfare
In respect of a Health and Welfare LPA the Attorneys can only make these decisions if the Donor lacks capacity to do so.
Typically, these decisions include:-
- Where you would live if you were unable to care for yourself
- Consent to or refusal of medical treatment
- Consideration of your day-to-day care – including your diet and dress
- Decisions relating to life sustaining treatment
Lasting Power of Attorney for Property and Financial Affairs
This LPA allows the Attorneys to make decisions regarding financial assets such as the Donor’s home, income, bank accounts and all other financial affairs. The Donor can specify whether they would like this type of LPA to only be used if they lose capacity or if they still have capacity but give their consent.
Typically they are used for:-
- Buying and selling of property
- Opening, closing or operating any bank account, building society or other account
- Dealing with your tax affairs
- Claiming, receiving and using benefits, pensions, allowances and rebates
- Paying your mortgage, rent, household expenses or care fees.
- Dealing with business assets
Each LPA must also be certified by one of the following:-
- Other professional
- A person who has known the Donor for at least 2 years
At BDB Pitmans, our team of experts can talk you through the process, prepare the LPA’s for you and deal with registering these with the Office of the Public Guardian. We can also act as your Certificate Provider.
If you would like further information then do not hesitate to call us on +44 (0)34 5222 9222 or email [email protected]
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Chambers and Partners UK 2018