A lasting power of attorney (LPA) is an important legal document, which allows someone (the donor) to appoint other people (the Attorneys) who they want to make decisions on their behalf.
There are two types of lasting power of attorney:-
1. Property and Financial Affairs, giving authority to the attorneys to make decisions, as directed by the donor, about paying bills, running your bank accounts and ‘day to day’ management of finances etc
2. Health and Welfare, allowing the attorney to make decisions on for example, treatment, care and medication.
Both types of LPA must be registered with the Office of Public Guardian before they may be used. The Property and Financial Affairs LPA may be used whether or not the donor has lost mental capacity to make financial decisions. The Health and Welfare LPA may only be used once the donor lacks mental capacity to make welfare or medical decisions.
The LPA may be made by anyone over the age of 18; therefore, allowing the donor to plan not only how they want matters to be run but also the people they want making decisions on their behalf and how those decisions are to be made.
The LPA documents can only be made by completing specific forms and there are certain formalities which must be followed in order for the documents to be valid.
Having an LPA is a safe and effective method of maintaining control over decisions made on behalf of the donor but it is also a powerful legal document. It is; therefore, advisable to get professional advice before completing the forms. Plummer Parsons’ Private Client Department are able to advise on all areas of the LPA documents, complete the forms and guide you through the whole process. We are also happy to act as Attorney for clients and have many years of experience in this area.
Enduring Power of Attorney
Enduring Power of Attorney's (EPA) were replaced by LPA'S in October 2007. However, EPA'S are still valid if they were executed before 1 October 2007.