Why do you need a Lasting Power of Attorney (known as an LPA)?
What is an LPA?
A power of attorney is a legal document that allows someone to make decisions for you, or act on your behalf, if you are no longer able to or if you no longer want to make your own decisions. Being a spouse or blood-related family member does not entitle you to make decisions for your relative.
By writing an LPA you are creating a ‘legal relationship’ in which you are the principal (called the Donor in the LPA document) and the person(s) you appoint is/are the attorney(s). A Power of Attorney specifies the powers you give to your attorneys.
Why do I need an LPA at my age?
There are a number of reasons why you might need someone to make decisions for you or act on your behalf:
This could just be a temporary situation: for example, if you are in hospital and need help with everyday things such as making sure bills are paid.
Alternatively, you may need to make longer-term plans if, for example, you have been diagnosed with dementia and you may lose the mental capacity to make your own decisions in the future.
Who can be your attorney?
They must be:
Over 18 years old
Capable within the Mental Capacity Act to make their own decisions
Our only suggestion is that you have more than one attorney or one attorney and replacement attorneys. A replacement Attorney steps into the position if the Attorneys are unable to step into the role (maybe due to illness or if they have died!)
They can be:
a relative
a friend
a professional, for example a solicitor
your husband, wife or partner
Your attorney doesn’t need to live in the UK or be a British citizen.
When choosing an attorney, think about:
how well they look after their own affairs, for example their finances
how well you know them and they know you
if you trust them to make decisions in your best interests
how happy they will be to make decisions for you – you need to ask them if they are willing to take on this role for you
Our advice – always have a replacement attorney(s), the back-up attorney’s. If your attorneys are in a car accident with you, you’ll need your replacement attorneys to be on stand-by.
We typically choose our closest loved ones to be our attorneys – those that we travel with, those that we share our homes and time with.
Replacement attorneys can be those who we love or who we respect and we know they feel the same about us! and most importantly that they will act in our best interest.
There are 2 types of LPA:
health and welfare
property and financial affairs
A Health and Welfare LPA allows you to appoint an attorney to make decisions on your behalf in respect of healthcare and welfare.
The Property and Financial Affairs LPA allows you to appoint an attorney to manage your property, finances and affairs when you have the capacity to make your own decisions and when you lack capacity. It also offers the option of giving your Attorney the power to make decisions about part, or all, of your property and financial affairs.
In both cases the LPAs cannot be used by the attorneys until they have been registered with the Office of the Public Guardian.
The most important thing about creating a lasting power of attorney is that you make them sooner rather than later! This is because Lasting Power of Attorney, or LPA, can only be applied for if your relative is deemed to have the mental capacity.
If the solicitor or other professional have questions/concerns about someone’s capacity to make an LPA they can commission us to complete a Mental Capacity Assessment. We offer a service were we can assess capacity to make an LPA, we can assess capacity for the Attorney to evoke the LPA.
THE FORMS – download the forms, pick your attorneys, make sure you have a witness for everyone involved signatures and send the forms with a cheque or bank details (the cost is £82 per LPA) – CLICK HERE for the forms.
OR BOUNS – there is also a Government online service that will help you to create your LPA ON-LINE for England and Wales CLICK HERE for the Government link.
End your lasting power of attorney
You can end your lasting power of attorney (LPA) yourself or you may want to change your Attorneys – if you have mental capacity to make that decision this is possible and painless.
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