Lasting Power Of Attorney
Lasting Powers of Attorney (LPA) can be made by anyone over 18 and with the mental capacity to do so. An LPA allows you to appoint individuals you trust called “Attorneys” to act in your best interests and manage your affairs for you. It is a good idea to appoint more than one Attorney to avoid abuse of responsibility or if one of the Attorneys is no longer able or willing to act for you.
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The person making the LPA is called a “Donor”.
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The LPA has replaced the old Enduring Power of Attorney.
There are two types of Lasting Powers of Attorney:-
1. Lasting Power of Attorney Property and Financial Affairs document allows your Attorney to manage your property and finances, including selling your
home. This document can be used whilst you still have capacity but would like some help in managing your affairs. This is particularly popular for the
elderly who want to be relieved from the pressures of managing their finances.
2. Lasting Power of Attorney Health and Welfare document appoints others to make decisions about your healthcare and welfare, including making decisions on treatment you receive and where you live. This type of LPA can only be used when you lose the capacity to make such decisions yourself.
Before either of these dcuments can be used they will need to be registered with the Office of the Public Guardian.
If you make a Lasting Power of Attorney then it is advisable to make a Last Will & Testament. The Lasting Power of Attorney takes care of matters whilst you are still alive and the Will gives instructions on the distribution of your assets when you die.
What if someone no longer has mental capacity to make a Lasting Power of Attorney?
If a person no longer has capacity to make a Lasting Power of Attorney, then a Deputyship application must be made to the Court of Protection for the appointment of an appropriate person to be a Deputy.
Enduring Power of Attorney
The previous document, called an Enduring Power Attorney, allowed you to appoint someone to act on your behalf in relation to property and finances and personal welfare. However, the law changed in 2007 which meant that Enduring Powers of Attorney could not be made after 30 September 2007. However, Enduring Powers of Attorney made before that date are still valid and should be registered with the Office of the Public Guardian if the “Donor” loses capacity. However, Enduring Powers of Attorney cannot be changed or altered.
The Enduring Power of Attorney has now been replaced with Lasting Power of Attorney from 1 October 2007 and should be made if you do not have an Enduring Power of Attorney or if your “Attorney” is no longer able or willing to act on your behalf.
