Lasting Powers of Attorney

Lasting Powers of Attorney- how to make and register them.

Registering Enduring Powers of Attorney and making Ordinary Powers of Attorney

A Power of Attorney allows you to grant someone else the legal authority to act on your behalf if you are incapable of acting or unavailable to act yourself.  There are different types of Power of Attorney.  

The most common are the Ordinary Power (which allows you to delegate specific authority, usually for a short time and a particular purpose – such as selling your house or car when you are abroad) and the Lasting Power.

The most important of the various types of Powers of Attorney is the Lasting Power of Attorney (or “LPA”).   An LPA is a document which takes effect during the Donor’s lifetime and is completely different from, and separate to, a Will.

They are especially useful if the Donor becomes unwell and is unable to manage physically or mentally to deal with his or her own affairs.

Having a Lasting Power of Attorney in place will help reduce the pressure on family and friends to ensure that your property and financial affairs, as well as decisions relating to health and welfare can be properly dealt with by people of your choosing if this becomes necessary due to a loss of mental capacity.

We can help advise and prepare Lasting Powers of Attorney, including registering them with the Office of the Public Guardian.

There are two types of LPA – A “Financial Decisions” LPA gives the Attorney(s) power to manage property and financial matters for the Donor.  With a Financial Decisions LPA the Attorney(s) can, for example, pay the Donor’s bills, collect income, deal with benefits and even sell the Donor’s house.

A “Health and Care” LPA allows the Attorney(s) to make decisions which concern the Donor’s personal welfare, for example whether to give or refuse consent to medical treatment, and deciding where the Donor should live. Unlike a “Financial Decisions” LPA, a “Health and Care” LPA can only be used if the Donor has lost mental capacity and is unable to make his or her own welfare decisions.

We can also help with registering an existing Enduring Power of Attorney, These were replaced by LPAs but any still in existence can be used once they are registered, but unlike the LPA they should not be registered until the Donor is believed to be losing mental capacity.

If a friend or family member has lost mental capacity and does not have a Power of Attorney in place we can help you with applying to the Court of Protection for a Deputyship 

http://www.sinclairslaw.co.uk/news/pitfalls-diy-lasting-powers-attorney/

Click here to read a professional study about making your own LPA without professional help:

http://www.sfe.legal/pdfs/the-hidden-cost-of-diy-lpas.pdf

Lasting Powers of Attorney Factsheet

LPA QUESTIONNAIRE

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