Lasting Powers of Attorney Explained

What is a Lasting Power of Attorney (LPA)?

It is a document which gives authority to a person or persons of your choice to make decisions on your behalf. The LPA was created by a provision of the Mental Capacity Act 2005 which came into effect on 1st October 2007.

A Lasting Power of Attorney can be used to manage personal welfare and could involve decisions relating to personal healthcare and welfare issues but would only be brought into use if you, the donor, lost mental or physical capacity to look after themselves.

A lasting Power of Attorney can also be used to manage issues relating to property and financial matters. This Power can be used even though the donor is still capable of managing their affairs.

If both aspects of an individual's affairs need managing two Lasting Powers of Attorney are required. A Lasting Power of Attorney can also only relate to one individual's affairs, so a married couple both needing such assistance would need to create one Power each for each of personal welfare and financial issues as required.

Why make a Lasting Power of Attorney?

An LPA allows you, the donor to choose who looks after your affairs or makes decisions about your health and welfare when you aren't able to.

An LPA also allows you to set restrictions and give guidance on the use of the powers.

If you don't have one and lose capacity or mobility you won't be able to deal with your affairs and no one else will have the authority to do so. Instead your family will have to apply to the Court of Protection for the authority to manage your affairs. This is a costly and slow process taking from 6 to 9 months and even then 80% of applications for Personal Welfare Deputyships are being turned down.

Who can make an LPA?

Any adult (over 18) with sufficient mental capacity. This will require a certificate of capacity from a medical practitioner or solicitor or similar professional. Once created an LPA has to be registered with the Office of the Public Guardian.

Attorneys will only be able to make decisions on the Donor's behalf after the LPA has been registered.

If you want to make sure of the future for your loved ones then give us a call on 01604 828282 or 01908 660966. Alternatively you can fill out our online contact form for immediate completion and send it to us. Our Wills and Probate department are always on hand to help.