Lasting Powers Of Attorney
What is a Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney (LPA) is a legal document that grants someone the authority to make decisions on your behalf, particularly if you become unable to make decisions for yourself due to mental or physical incapacity. This person, known as the attorney, is appointed by you (the donor) to manage various aspects of your affairs, such as financial matters or health and welfare decisions.
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What is the purpose of a Lasting Power of Attorney (LPA)?
Approximately 600-000 – 800,000 people in the UK have dementia and this is expected to rise to over one million by 2025. However, loss of capacity can happen at any time from an accident, substance abuse, age-related disease, temporary incapacity or other illness.
Creating an LPA allows you to choose someone you trust to act in your best interests, ensuring that your affairs are managed according to your wishes if you’re unable to make decisions for yourself. It is important to note that LPAs must be created while you have the mental capacity to do so, and the process involves registering the document with the Office of the Public Guardian in the UK.
If you do not have an LPA in place your family of friends will need to make a formal application to the Court of Protection to appoint a Deputy. A Deputyship application can take time (at least 6 months), is expensive and can also be stressful for those involved. There is also the ongoing administrative burden and additional costs of a Deputyship such as the annual Court supervision fee and insurance bond.
It is important to put in place an LPA whilst you are able to choose who would like to be able to manage your affairs and support you when help is needed.
There are two types of LPA which are:
- Property and Financial Affairs: this allows your attorneys to deal with your property and finances (e.g. bank accounts, savings and investments).
- Health and Welfare: this enables your attorneys to make decisions about your health, medical treatment and ongoing general welfare.
There are two types of LPA which are:
- Property and Financial Affairs: this allows your attorneys to deal with your property and finances (e.g. bank accounts, savings and investments).
- Health and Welfare: this enables your attorneys to make decisions about your health, medical treatment and ongoing general welfare.
What is the difference between the two types of LPA?
Under a Property and Financial Affairs LPA your attorneys can:
- Buy, sell and maintain your home or other properties.
- Pay your ten, mortgage and household expenses.
- Open, close and use your bank accounts.
- Manage savings and investments.
- Deal with your tax affairs.
- Pay for your care and medical fees
Under a Health and Welfare LPA your attorneys can make the following decisions if you are unable to:
- Decide where you should live.
- Determine day-to-day matters such as dietary requirements and medication.
- Determine whether or not you should receive medical treatment.
- Decide whether or not you are given life-sustaining treatment (subject to your express instructions in the LPA).
- Determine care arrangements.
- Decide who can visit you.
If you lose capacity your attorneys are there to make these decisions on your behalf. They must always act in your best interests.
How can we help?
Arlingsworth’s team of expert solicitors can take you through the process of choosing your Attorney, advising on how it can be used, drafting the Lasting Power of Attorney and registering it with the Office of the Public Guardian.
We can help with the preparation of both types of LPA: Health & Welfare and Property & Finance.
We will ensure that appropriate safeguarding measures and restrictions are included within the LPAs to protect you and reduce the potential for an attorney to abuse their position of trust.
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