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Everything You Need To Know About Lasting Power of Attorney

Updated: Sep 22, 2023


A lasting power of attorney (POA) is a legal document used to appoint someone you trust as your agent to make decisions on your behalf should you become incapacitated. The person you choose is known as your “attorney-in-fact” or “agent.” Without a POA in place, if you are no longer able to make decisions for yourself, family members or the court may have to step in and make decisions for you.



1. What is a Lasting Power of Attorney?


A Lasting Power of Attorney (LPA) is a legal document that gives someone you trust (known as your ‘attorney’) the authority to make decisions on your behalf, should you lose the mental capacity to do so yourself.


There are two types of LPAs: one for property and financial affairs, and one for health and welfare. You can choose to have one or both types.


You can appoint more than one attorney, and you can specify whether they must act together or independently. You can also appoint replacement attorneys, in case your original attorneys can’t continue


2. What are the different types of LPAs?


LPA, or Lasting Power of Attorney, is a legal document that gives someone else the authority to make decisions on your behalf, should you no longer be able to do so yourself.


There are two types of LPAs: one for property and financial affairs, and one for health and welfare.


A property and financial affairs LPA gives your attorney the authority to make decisions about your finances, including your bank accounts, investments, and property.


A health and welfare LPA gives your attorney the authority to make decisions about your medical treatment and care, should you be unable to make those


3. Who can be appointed as an attorney?


An attorney is a person appointed by a donor to make decisions on their behalf. Usually, anyone over the age of 18 can be an attorney, as long as they are legally allowed to make decisions. However, in some cases, such as if the person is bankrupt, they may not be allowed to be an attorney. If an attorney becomes bankrupt, they may lose their power of attorney. Solicitors and trust corporations such as banks can act as an attorney, although professional attorneys may charge for their services.



4. What happens if the donor becomes mentally incapacitated?


It's important to know whether someone has the mental capacity to make a decision, as this could affect what options are available for dealing with their affairs. For example, if someone does not have mental capacity, it may not be possible to create a lasting power of attorney (LPA).


5. Can you revoke a Lasting Power of Attorney?


Yes, you can revoke a Lasting Power of Attorney (LPA) at any time as long as you have the mental capacity to do so. You can do this by completing a revocation form and sending it to the Office of the Public Guardian. Once the LPA is revoked, it will no longer be valid and the attorney will no longer be able to make decisions on your behalf.


6. The benefits of having a Lasting Power of Attorney


A Lasting Power of Attorney (LPA) can help you plan for how your health, wellbeing and financial affairs will be looked after if you lose the capacity to make decisions yourself. You can appoint one or more people as your attorney(s) to make decisions on your behalf, and specify how you want them to make these decisions.


An LPA is a safe way of maintaining control over decisions made for you because you get to choose who will act as your attorney, and how they will make decisions on your behalf.


7. Why would you need a mental capacity assessment to make an Lasting Power of Attorney?


If you have an illness such as dementia or any other cognitive impairment your solicitor may ask for a specialist mental capacity assessor to speak with you to ensure you understand what you are granting lasting power of attorney means to you.


The mental capacity assessor should complete two assessments one for your financial POA and one for your health POA, this is because the Mental Capacity Act (2005) states that capacity is decision specific and it maybe that you have sufficient mental capacity for one decision but not the other.


Conclusion


This article provides a comprehensive overview of Lasting Power of Attorney (LPA). If you are looking for information on how to appoint an attorney, what to consider when choosing an attorney, or what happens after the appointment is made, then this is the article for you. Contact our team at nellie supports to find out more about LPA and how we can help you on 0333 987 5118 or email us at nellie@nelliesupports.com

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