Lasting Powers of Attorney
A Lasting Power of Attorney (LPA) is a legal document which allows you to name one or more people to act on your behalf if you are no longer able to make decisions for yourself. When you put an LPA in place, you appoint someone to help you make decisions, or to make decisions for you, if you are unable to do so.
Tailor your future to your own particular wishes and values
There are two types of LPAs – a Lasting Power of Attorney (LPA) for property and financial affairs, and an LPA for health and welfare. They work the same way but deal with different parts of a person’s estate and require different documentation.
A Property and Financial Affairs LPA allows your attorneys to make decisions for you about your bank accounts, investments, your home and other properties, your pensions and anything else which you own.
A Health and Welfare LPA allows your attorneys to be able to make decisions about your day-to-day care, such as where you should live, and what medical treatments you should receive. You can also give your attorneys authority to be able to refuse consent to life sustaining treatment on your behalf if you wish.
You are able to tailor both types of LPAs to your own individual circumstances and to your own particular wishes and values.
Frequently asked questions
Helping you understand LPAs
What is the purpose of a Power of Attorney?
A Lasting Power of Attorney (“LPA”) is a legal document in which someone (the donor) gives another person (the attorney) the authority to make a range of decisions on the donor’s behalf. The types of decisions they can make will depend on which Lasting Power of Attorney (LPA) is in place. For example, an LPA for Property & Financial Affairs enables an attorney to look after the donor’s bank accounts and buy and sell property, whereas an LPA for Health & Welfare enables an attorney to decide on the donor’s medical treatment or care. A business LPA enables an attorney to look after the donor’s business.
What is a personal LPA – property and financial affairs?
An LPA for Property & Financial Affairs enables an attorney to look after the donor’s bank accounts and buy and sell property, by way of example.
What is a personal LPA – health and welfare?
An LPA for Health & Welfare enables an attorney to decide on the donor’s medical treatment or care.
What is a business LPA?
A Business LPA will enable the donor to appoint someone to undertake specific tasks in certain specified situations which the donor can define. These situations may include if the donor is abroad and likely to be unattainable for a period of time, has an accident which makes the donor unable to run their business or has an incapacitating medical condition. It may provide the donor with some reassurance that their business can carry on.
Who can override a Power of Attorney?
When there’s a disagreement over whether the donor had the mental capacity to complete the LPA and when the attorney is seen to be dealing with the donor’s affairs incorrectly, it is possible to challenge decisions made by the attorney. Disputed decisions often concern attorney’s investment decisions, sale or management of the donor’s property, nursing care or gifts. This is a specialist area and you should consult a Solicitor who will assist you in resolving any concerns.
When does a Power of Attorney end?
An LPA remains valid up until the donor’s death. However, this is only the case if the attorney’s circumstances remain the same. Should the attorney lose mental capacity, divorce the donor (where they are married), become bankrupt, get removed by the Court of Protection or die, the LPA may end. The donor can end the LPA provided they have the mental capacity to make that decision.
How do I use a Lasting Power of Attorney?
To use an LPA, the document will need to be registered at the Office of the Public Guardian and presented to the relevant organisations.
A certified copy of the LPA will usually suffice. Additional proof of identity may be required before the attorney can begin acting.
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Case Study | January 2024
Helping co-ordinating day to day care needs
Acting as a client’s attorney, we are a phone call away to support on financial matters and help co-ordinate day to day care needs. An elderly, long-standing client of the firm wanted help to manage her affairs so we helped with making a LPA
Source | 2024
“I need someone I can trust to help make decisions about financial matters as well as arrangements for the care and support I need at home. It has to be someone who I know will act in my best interests.”