Lasting Power of Attorney

June 5, 2014 2:46 pm

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document entered into by a Donor in favour of one or more Attorneys, this is to give them the power to deal with the Donor’s affairs by making decisions for them when they lack the mental capacity to make their own decisions. An LPA for Property and Affairs can also be used when the Donor has the ability to tell the Donor what they want them to do. The document can only be used once it has been correctly executed and registered with the Office of the Public Guardian.

There are two different types of LPA, one for Property and Affairs and one for Health and Welfare and they can be created by anyone over the age of 18 who has the mental capacity to make their own decisions. If the proposed Donor lacks capacity, an application must be made to the Court of Protection for someone to be appointed as Deputy to manage their affairs.

The LPA for Property and Affairs allows the Donor to deal with financial issues, such as Banking, investments and selling property. The LPA for Health and Welfare relates to personal decisions such as medical treatment and place of residence. it is therefore essential that the Donor appoint someone who can be trusted to make the right decisions for them.

As with any legal document, expert legal advice should always be obtained before signing. The signatures must be witnessed and someone must sign as Certificate Provider to either say they have known the Donor for at least two years or they are a relevant professional person, such as a solicitor or Doctor.

The registration process takes several weeks, even months so it is important to act before the situation becomes urgent.

Please feel free to contact us if you’d like to discuss this issue further, telephone us on 01522 687500 or email enquiries@pagenelson.co.uk