What are these?
Lasting Powers of Attorney (LPA) were introduced in 2007 and are legal documents where one person gives another authority to make certain decisions on his or her behalf.
Are there different types?
There are two types of LPAs:
- A property and affairs LPA, which gives authority to deal with your property and finances, as you specify
- A welfare LPA, which gives authority to make welfare and health care decisions on your behalf, only when you lack mental capacity to do so yourself. This could also extend, if you wish, to giving or refusing consent to the continuation of life sustaining treatment.
Who should I appoint?
As with any power of attorney, it is an important document and you should take care whom you appoint as they should be trustworthy and have appropriate skills to make the proposed decisions (the attorney). You may appoint more than one and you may also choose to appoint a successor to your attorney, in case they die or otherwise cannot act for you.
When can the Attorney act?
The attorney will only be able to act when the LPA has been signed by you and them, certified by a person (a certificate provider) that you understand the nature and scope of the LPA and have not been unduly pressured into making the power and registered with the Office for the Public Guardian. The Property and Affairs LPA can be used whether you have mental capacity or not. The Welfare LPA can only be used if you lack mental capacity to make a welfare or medical decision.
What about Enduring Powers of Attorney?
Any Enduring Power of Attorney (EPA), validly made before 1st October 2007, can still be used but only in respect of your property and affairs not health issues.
What happens if I have not made a LPA or EPA?
If you lack capacity to make a financial decision, then it may be necessary for an application to be made to the Court to appoint another person (a Deputy) to make decisions on your behalf. This is both costly and time consuming. If you wish to avoid potential disputes regarding your health and care you should make a Welfare LPA.
How can we help?
We can help you to prepare these documents, which are lengthy and at times can be daunting to complete yourself. If these are not completed correctly this can invalidate the appointment perhaps when they are most needed! We can also assist you with the certificate provider, the application for registration and reduction of the court fee if applicable. We can help you to avoid any unnecessary delays and costs.
What about the cost?
Please just ask us - an enquiry costs nothing! We understand professional costs are a major concern for clients. We are flexible and transparent and will let you know the amount of the Court fees.