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Lasting Powers of Attorney

What is a Lasting Power of Attorney?

Navigating the intricacies of life often requires foresight and preparation, which is where a lasting power of attorney (LPA) has its benefits.

A lasting power of attorney (LPA) is a legal document which allows someone you trust to make decisions on your behalf if you're no longer able to do so.

There are two types of lasting powers of attorney: one for health and welfare, and one for property and financial affairs.

When do I need a Lasting Power of Attorney?

The answer is ideally, sooner rather than later. Life's unpredictable nature means that preparing an LPA whilst you are still capable ensures that your preferences and best interests are respected, regardless of future circumstances.

Imagine finding yourself suddenly incapacitated due to an accident or illness. Without an LPA, your loved ones could face lengthy and costly court processes to obtain the rights to make decisions for you.

Creating an LPA allows you to designate someone to manage your finances, ensuring bills are paid and investments are maintained. From the health and welfare side, it ensures that your chosen person can make decisions about your medical treatment and living arrangements, reflecting your wishes.

In essence, an LPA is about peace of mind. It's a proactive step to safeguard your future, and to ensure that your affairs are in trusted hands.

Who do I appoint?

It is advisable to choose an attorney that you would trust to step into your shoes should you lose capacity to make decisions for themselves. Your attorney can either be a family member or a professional. You can choose any number of attorneys to act on your behalf although we would recommend that you limit the number you appoint to those who you trust and those who you know will be able to get along and work together. Attorneys can be appointed jointly or jointly and independently. You may also want to think about replacement attorneys should anything happen to your chosen attorneys which makes them unable to act (for example, the divorce of a spouse, bankruptcy, incapacity or death).

Registration

You do not have to register your LPA straight away however you do need to register it if you wish to use it. Registration is carried out by the Office of the Public Guardian which is a government organisation, and a fee is charged. More information can be found at https://www.gov.uk/power-of-attorney/register.

Capacity

A donor should have capacity to understand what it means to sign an LPA at the time of signing the document. The LPA contains a section within it which is signed by a Certificate Provider to confirm that the donor understands the documents. There are requirements in place on who can act as a Certificate Provider and if capacity is questionable then further advice may be required on preparing your LPA regarding who can act as Certificate Provider.
In some cases, a capacity assessment may be required in accordance with the Mental Capacity Act 2005 to ascertain whether the donor has sufficient capacity to sign an LPA. This is usually completed by a medical professional and will incur a fee. Further information and advice can be provided on this should it be necessary by speaking to one of our specialist lawyers at Apricity Law.

Enduring Powers of Attorney

An Enduring Power of Attorney (EPA) is the older style power of attorney that would have been created before 1 October 2007. They are usually shorter documents but unlike LPAs, an EPA can be used before it is registered. If a person is or is becoming incapable of managing their own affairs and prepared an EPA, it is the responsibility of the attorney to register the EPA at the Office of the Public Guardian.

You cannot make decisions about a person's health or welfare under an Enduring Power of Attorney.

More information

Making a Lasting Power of Attorney is an important decision, and you should receive the right advice according to your personal situation and requirements to make sure that your LPA is suitably drafted. Should you require any information or help with preparing an LPA please contact us.

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