What is a Lasting Power of Attorney and what does being an Attorney mean?

A Lasting Power of Attorney (“LPA”) is a legal document that allows someone (“the Donor”) to appoint one or more person (“Attorney/s”) to make decisions on their behalf, if they lose the mental capacity to do so, or if they no longer want to make certain decisions themselves.

LPAs are mainly used for long-term planning, especially for circumstances where the Donor becomes unable to manage their own affairs due to illness, an accident, or just aging, whether it be short term or long term.

Types of Lasting Power of Attorney:

LPA for Health and Welfare:

This document allows the Attorney to make decisions about the donor's welfare and also their personal healthcare. These decisions may include:

• Decisions relating to any medical procedures and/or treatment required.

• Living arrangements, such as moving into a care home if needed or remaining at home as long as possible but with assistance.

• Day-to-day matters like arranging for carers to take care of their daily routine.

This type of LPA only comes into effect once the Donor loses mental capacity.

LPA for Property and Financial Affairs:

This document gives the Attorney authority to make decisions about the Donor’s financial matters, including:

• Selling or buying a property.

• Managing the Donor’s bank and savings accounts.

• Paying bills and other outgoings.

• Managing any investments or pensions.

This type of LPA can be used as soon as it is registered, but only with the Donor's consent, even if they still have mental capacity. However, it can be restricted to only come into effect when the Donor loses mental capacity.

Key Features:

Registration:

The LPAs must be registered with the Office of the Public Guardian (“OPG”) before it can be used. The registration process can take many weeks.

Mental Capacity:

LPAs must be created while the Donor has full mental capacity. LPAs are designed to plan ahead for a time when they may lose capacity.  Once mental capacity has been lost it is too late to create an LPA and you may have to go down the Court of Protection route, which is much more expensive and a much longer process.

Certificate Provider:

Each LPA must also be signed by a certificate provider (someone who confirms the Donor understands the LPA and isn't being pressured into it).  This can be someone who has know you for at least two years, or preferably, a Solicitor who is helping you create the LPAs.

Cancellation:

The Donor can revoke the LPA at any time, as long as they have the mental capacity to do so.

LPAs are an important tool for planning for your future, ensuring that trusted individuals can manage your affairs.  These documents can be complicated to complete, and it is always advisable to seek legal advice from a qualified Solicitor to ensure they are completed correctly and legally.

What is an Attorney?

An Attorney is a person chosen by the Donor, that they trust, to make decisions on their behalf if they lose the mental capacity to make decisions of their own.

Key Roles and Responsibilities:

• Acting in the Donor’s Best Interests: Attorneys must act in the best interests of the Donor, always following the Donor’s wishes as much as they possibly can.

• Managing Finances: In the case of an LPA for Property and Financial Affairs, Attorneys must handle the Donor’s property, money, and investments.

• Making Welfare Decisions: In a Health and Welfare LPA, Attorneys may decide on medical treatment, living arrangements, and day-to-day personal care.

Qualifications of an Attorney:

• Attorneys must be over the age of 18 years old.

• They should have the mental capacity to make decisions themselves.

• Attorneys can be a family member, close friends, or even professionals (like Solicitors), as long as the Donor trusts them.

This role comes with legal responsibilities, and misuse of an LPA could result in legal consequences, so it is a serious commitment.

Anyone over the age of 18 can make an LPA.  Please seek professional legal advice from a qualified Solicitor in order to make sure the document is correct and legal.

If you believe you have a situation where you require legal advice, please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively fill in the free Contact Us form and we will get in touch as soon as possible.

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