A Llasting pPower of aAttorney (LPA) is a legal document which allows you to appoint people you trust (called Attorneys) when one person grants another person or persons the authority to deal with third parties on their behalfto make decisions on your behalf. For example if they’re out of the country or unable to deal with their own affairs through illness or injury. The person nominated is known as the attorney.
There are two main types of Llasting pPowers of aAttorney which cover different things. In the rest of this article you’ll learn the basics of what’s involved in each. The information provided in this article applies to England & Wales only.
” Health and Wwelfare Llasting pPower of aAttorney
A health and welfare LPA power of attorney allows you to nominate someoneone or more people to takemake decisions regarding on your personal welfare and any medical treatment you may need on your behalf.
chosen health and welfare issues on your behalf, when you’re no longer able to yourself. A health and welfare LPA is particularly useful if you are worried about your state of health or wish to nominate others to decide upon the type of treatment and care you receive in the future in the event that you are unable to make those decisions yourself.
In order to grant someone a health and welfare power of attorney you mustn’t be suffering from mental incapacity including conditions such as dementia, severe brain injuries and mental health problems caused by drink and/or drugs.
With a health and welfare LPA your Attorneys will be able to make decisions on things such as:
” Whether or not you wish to receive certain types of treatments or medication
” Your diet and day-to-day activities
” The kind of accommodation best suited for your needs such as whether to stay in your home with support from social services or move into residential or other care
For example, you may want to appoint your son or daughter as your attorney so they can take decisions about your care options if you become mentally incapacitated at any point in the future.
” Property and financial affairs lLasting pPower of aAttorney
A property and financial affairs lasting power of attorneyLPA allows you to give one or more people legal authority to make decisions regarding your property and financial affairs on your behalf deals with monetary matters. This kind of lasting power of attorney can be set up at any time and can be used immediately. This type of LPA is particularly useful if you are abroad, become physically or mentally incapacitated or simply want someone to help you manage your affairs.
A common scenario where a property and financial affairs lasting power of attorney can be used is when someone is diagnosed with dementia. They may be in control of their mental faculties upon diagnosis, but a lasting power of attorney can help make sure their monetary affairs are looked after by someone they’ve appointed, when their mental health inevitably takes a turn for the worse.
Also, if you’ve got a physical illness which makes it difficult for you to do things like go to the bank and if you’ve suffered a physical injury which is going to leave you incapacitated for an prolonged period of time, a property and financial affairs lasting power of attorney can be used.
By giving your attorneys legal authority they will be able to deal with all your affairs and the necessary organisations on your behalf with ease, for example:
” Pay bills
” Claim benefits, pensions and allowances
” Operate your bank or building society accounts
” Give gifts to family members or charities
” Buy or sell property
Lasting Powers of Attorney can be made at any time providing you have the mental capacity to do so. It can be created to take effect straight away or at some point in the future.
For a Lasting Power of Attorney to be effective, it must be registered with The Office of Public Guardian. Once it is registered, your Attorneys can begin make decisions on your behalf, however if it is a Health and Welfare LPA your Attorneys can only act once the Lasting Power of Attorney has both been registered and you have lost mental capacity. You will continue to make decisions until you begin to lack capacity to do so.
To put lasting powers of attorney in place is a straightforward procedure but can take six weeks or more to be registered and become legally binding.