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Lasting Power of Attorney (LPA)

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone you know and trust (your attorney) to help you make all financial and health-related decisions or to make these decisions on your behalf if you are without the mental capacity to make them yourself. 

Whilst we hope the worst will never happen, it should still be planned for. These documents offer you a voice when you are unable to speak or make decisions for yourself. They ensure that someone you know and trust has the power to make the big decisions on your behalf.

 

Whether you are an attorney for someone else or you are about to appoint an attorney, our supportive and dedicated team is here to ensure the process is straightforward and to advise you along the way. We understand an LPA may be needed quickly, especially when there is a change in capacity, so we are here to ensure it’s sorted as quickly and easily as possible.

 

 

 

Use a lasting power of attorney as insurance and make sure your family can concentrate on your welfare in the event of incapacity rather than worrying about legal matters.

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Is there more than one kind of Lasting Power of Attorney?


There are two types of LPA:

  • A property and affairs LPA allows your chosen attorney to help manage your financial affairs from the moment the power is registered with the Office of the Public Guardian
  • A health and welfare LPA allows your chosen attorney to make decisions in relation to your health and care from the moment you lack capacity to make that particular decision. It also allows you to choose whether your attorneys are able to make decisions about life sustaining treatment.




Do I need an LPA?


We believe these documents are vitally important for everyone over the age of eighteen. If you don’t have a LPA, no-one has authority to make decisions in relation to your financial affairs or your health and welfare. The law doesn’t provide an automatic default if something happens to you.




Do I need a Power of Attorney?


The preparation of a Power of Attorney is important as it enables life to continue when things get in the way. Whether it be time overseas, a health blip or a more permanent concern around capacity, Powers of Attorney can help overcome problems that arise. They also remove the need to involve the Court of Protection with the administration of personal and financial matters.




What are the other Powers of Attorney?


  • A General Power of Attorney also known as an ordinary power of attorney is a document that allows one person to give another power over their financial affairs. It can only be used whilst the individual retains the capacity to give instructions.
  • An Enduring Power of Attorney (EPA) allows a person to give power to individuals they trust and believe will look after them. An EPA is only valid and active if they were signed before 1 October 2007 and have been correctly completed. They only deal with financial affairs and not welfare needs. They can be used while you have capacity to give instructions but when your attorney suspects that your capacity is becoming impaired they must register the Enduring Power of Attorney with the Office of the Public Guardian.




Can an Attorney take money for personal use?


No, appointed attorneys cannot take money for personal use. They are there to support and enable wellbeing, not to take power or money away. Attorneys must keep records of their spending as the Court of Protection can ask to see evidence. In the event that something does go wrong the Court of Protection will instruct the Office of the Public Guardian to investigate the actions of the attorney. If found to have acted inappropriately the Court can remove the attorneys powers and the attorney can be prosecuted for their behaviour.





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Lasting Power of Attorney FAQs

Is there more than one kind of Lasting Power of Attorney?


There are two types of LPA:

  • A property and affairs LPA allows your chosen attorney to help manage your financial affairs from the moment the power is registered with the Office of the Public Guardian
  • A health and welfare LPA allows your chosen attorney to make decisions in relation to your health and care from the moment you lack capacity to make that particular decision. It also allows you to choose whether your attorneys are able to make decisions about life sustaining treatment.




Do I need an LPA?


We believe these documents are vitally important for everyone over the age of eighteen. If you don’t have a LPA, no-one has authority to make decisions in relation to your financial affairs or your health and welfare. The law doesn’t provide an automatic default if something happens to you.




Do I need a Power of Attorney?


The preparation of a Power of Attorney is important as it enables life to continue when things get in the way. Whether it be time overseas, a health blip or a more permanent concern around capacity, Powers of Attorney can help overcome problems that arise. They also remove the need to involve the Court of Protection with the administration of personal and financial matters.




What are the other Powers of Attorney?


  • A General Power of Attorney also known as an ordinary power of attorney is a document that allows one person to give another power over their financial affairs. It can only be used whilst the individual retains the capacity to give instructions.
  • An Enduring Power of Attorney (EPA) allows a person to give power to individuals they trust and believe will look after them. An EPA is only valid and active if they were signed before 1 October 2007 and have been correctly completed. They only deal with financial affairs and not welfare needs. They can be used while you have capacity to give instructions but when your attorney suspects that your capacity is becoming impaired they must register the Enduring Power of Attorney with the Office of the Public Guardian.




Can an Attorney take money for personal use?


No, appointed attorneys cannot take money for personal use. They are there to support and enable wellbeing, not to take power or money away. Attorneys must keep records of their spending as the Court of Protection can ask to see evidence. In the event that something does go wrong the Court of Protection will instruct the Office of the Public Guardian to investigate the actions of the attorney. If found to have acted inappropriately the Court can remove the attorneys powers and the attorney can be prosecuted for their behaviour.