Lasting Power Of Attorney

Lasting Power of Attorney

Capacity can be lost at any time and could be due to either an accident, a stroke or a deteriorating condition so please don’t wait until it’s too late.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document which allows you ( the donor) to appoint someone you know and trust to make decisions on your behalf should you become unable to do so in the future. This person is called an attorney. Attorneys must always act in the best interest of the donor.

There are 2 types of LPA

  • Health and Welfare

  • Property and Financial Affairs

Let’s look at what each LPA can do and what decisions it covers:

Health and Welfare
  • Day to day decisions such as exercise, dietary requirements

  • Medical care

  • Life sustaining treatment

  • Relocation into a care home or sheltered accommodation

A Health and Welfare LPA can only be used once it has been registered with the Office of Public Guardian (OPG) and when the donor loses mental capacity.

Property and Financial Affairs
  • Managing bank accounts

  • Paying bills

  • Collecting income and benefits

  • Making decisions with regards to the home

  • Selling the home

  • Managing investments

A Property and Financial Affairs LPA can be used as soon as it is registered with the OPG. The donor can restrict the rights the attorneys have under the “instructions” section of the LPA form.

Capacity

Before an LPA is made, it is imperative that the donor is over 18 and has mental capacity. This means they must understand:

  • What an LPA is

  • Who they want to make it

  • Who they are appointing as attorney

  • How they have decided the attorneys; and

  • That they understand what powers the attorney will have.

If the donor cannot decide for himself in relation to the matter due to an impairment of or disturbance in the functioning of his mind or brain, such as late set dementia, it is likely they will not have the required capacity.

Essentially, the donor should be assessed on whether they have the ability to make a particular decision at a particular time. If unsure, a GP or independent mental capacity advocate can assess the donor’s capacity.

Capacity can be lost at any time and could be due to either an accident, a stroke or a deteriorating condition so please don’t wait until it’s too late.

If you would like to find out more information regarding making a Lasting Power of Attorney, please contact one of our members now on 01473 487611.

Or simply visit our website on www.simplewillsonline.co.uk