A Lasting Power of Attorney (LPA) is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions about your health, welfare, money or property on your behalf.
A Lasting Power of Attorney can help you plan how your health and wellbeing or financial affairs will be looked after when you become unable to do so and choose the people who will make these decisions. This ensures decisions are made by individuals you trust reducing the cost, time and upset for all those involved.
There are two types of LPAs:
Property & Financial Affairs
This LPA gives the right for you to nominate an Attorney or Attorneys to act on your behalf in relation to your financial affairs such as managing a bank or building society account, paying bills, collecting benefits or a pension, or even selling your home. It can only be used once it is registered at the Office of the Public Guardian and continues to be operative even if you become mentally or physically incapable of managing your own affairs.
They are very flexible and you can set limits on what your Attorney can do and when the power comes into effect. For example you could say that it could only be used if you were physically or mentally incapable of managing your affairs.
Health and Welfare
This can be used by people who are worried about their health and wish to give instructions as to the type of treatment that they would prefer if at a later date they become incapable of expressing their own preferences. It can only be used when you are unable to make your own decisions. You may use this LPA to give an Attorney the power to make decisions about things like:
- your daily routine, for example washing, dressing, eating
- medical care
- moving into a care home
- life-sustaining treatment
Although valid when signed, neither LPA can be used until it has been registered with the Office of the Public Guardian
If you would like to discuss making, registering or ending a power of attorney then please contact our Private Client Department on 01977 602999 or email us on privateclient@moxon-barker.co.uk who will be able to assist you with this matter.