A Lasting Power of Attorney is a legally binding document that gives you the ability to select one or more individuals, referred to as attorneys, to assist you in making choices or to make choices for you if you are unable. LPAs can be incredibly useful if you later become unable to make your own decisions due to an illness like dementia. This article will explain what an LPA is, the different types, how to set one up, and when it can be used.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney enables you to choose attorneys to make decisions on your behalf if you become unable to do so in the future. The person making the LPA is called the ‘donor’. You can appoint friends, family members, or other professionals as your attorneys.
The LPA document sets out what types of decisions your attorneys can make for you. It allows your attorneys to have legal authority to make these decisions if you lose mental capacity in the future. An LPA only comes into effect once it has been registered with the Office of the Public Guardian.
There are two different types of Lasting Power of Attorney:
Property and Financial Affairs LPAs: These enable your attorneys to make decisions about money and property, such as selling your home, collecting your pension, and paying your bills.
Health and Welfare LPAs: This allows your attorneys to make decisions about things like your medical care, whether you need to be moved into a care home, and decisions related to your daily routine.
Your attorneys can only make decisions in your best interests. The LPA document allows you to set out any preferences, instructions, or restrictions you want your attorneys to consider when making decisions.
How to Set Up a Lasting Power of Attorney
There are several steps involved in setting up an LPA:
- Choose your attorneys – you can have more than one. Make sure they are trustworthy and willing to take on the responsibility.
- Decide what decisions you want your attorneys to handle – either health/welfare only, property/finance only, or both.
- Complete the LPA application forms – your attorneys will need to sign them too.
- Get your LPA signed by a ‘certificate provider’ – this is usually a solicitor Cheltenham or other legal professional. They confirm you understand what you’re signing. Some law firms Cheltenham like Cheltenham Solicitors offer this as a service so try and choose one that is specialised where possible.
- Register your LPA with the Office of the Public Guardian. This activates it so your attorneys can use it.
Your attorneys cannot legally make any decisions for you until the LPA has been registered. This usually takes around 10 weeks.
When Can a Lasting Power of Attorney be Used?
Your attorneys cannot use an LPA unless you lack mental capacity to make your own decisions. Mental capacity means being able to:
- Understand information given to you
- Retain that information long enough to make a decision
- Weigh up the information and make a choice
- Communicate your decision
If your attorney believes you lack mental capacity, they must assess your capacity before using the LPA. Your attorney should consult professionals like doctors or social workers when carrying out a mental capacity assessment.
If you state that you don’t want your LPA to be used, your attorney must respect those wishes, even if you lack mental capacity. Your attorney should always make decisions in your best interests.
An attorney can be investigated and the LPA cancelled if they misuse their powers. It’s therefore crucial your attorneys are trustworthy. Getting advice from solicitors in Cheltenham when arranging an LPA helps ensure it is legally valid and workable.
Setting up an LPA while you have mental capacity means you get to choose who supports you and avoids a court appointing someone later. Discuss LPAs with your loved ones and get legal advice to have peace of mind that your future decisions will be protected.
