There are 2 Types of Lasting Powers of Attorneys
1: Lasting Power of Attorney for Property & Financial Affairs
2: Lasting Power of Attorney Health & Welfare
What is a Lasting Power of Attorney
A Lasting Power of Attorney (LPA) is a legal document that allows someone (known as a Donor) to choose someone they trust (known as an Attorney) to make decisions on their behalf about their property and affairs.
Using an LPA people can choose someone they trust to make decisions about their property and affairs, on their behalf, at a time in the future when they might not have the capacity to make them for themselves, for example due to the onset of dementia in later life or as a result of a brain injury.
Creating a Power of Attorney
The Donor may appoint an Attorney to manage their property and affairs while they still have capacity to make decisions themselves. For example, it may be easier for them to give someone the power to carry out tasks such as paying their bills or collecting their benefits or other income. This might be easier for lots of reasons i.e. the Donor might find it difficult to get about or to talk on the telephone, or might be out of the country for long periods of time.
Alternatively, the Donor may include a restriction that the LPA can only be used at a time in the future when they lack the capacity to make decisions for themselves – for example, due to the onset of dementia in later life or as a result of a brain injury.
An Attorney will not be able to make decisions about a Donor’s personal welfare unless they have also been appointed as a Personal Welfare Attorney using a separate LPA.
An LPA can only be used once registered with the Office of the Public Guardian(OPG). You can appoint as many Attorneys as you wish, but it is important that you consider how you are appointing them. You will need to specify whether you want to appoint your Attorneys to act:
- Together; or
- Together and independently; or
- Together in some matters and together and independently in others.
A Property and Financial Affairs Attorney, using a registered LPA, will be able to make exactly the same kind of decisions you can make now about your money and property. The person will only be able to make decisions within the scope of the powers you have given them and these decisions might include:
- Buying or selling any property (land, buildings or other assets) you own;
- Opening, closing or operating any bank, building society or other account containing the your funds;
- Claiming, receiving and using all benefits, pensions, and allowances, on your behalf.
This list is only intended to give examples of the types of decisions that can be made on your behalf using a Property and Affairs LPA.
LASTING POWER OF ATTORNEY, PERSONAL WELFARE
A Personal Welfare LPA is a legal document that allows a person (known as a Donor) to choose someone they trust (known as an Attorney) to make decisions on their behalf about their personal welfare; this does not include decisions about money or property. It can only be used when the Donor lacks the capacity to make these decisions for themselves. An Attorney will not be able to make decisions about a Donor’s property and affairs unless they have also been appointed as a Property and Affairs Attorney using a separate LPA. An LPA can only be used once registered with the OPG.
Using an LPA people can choose someone they trust to make decisions about their personal welfare, on their behalf, at a time in the future when they might not have the capacity to make them for themselves, for example due to the onset of dementia in later life or as a result of a brain injury. This can include deciding where someone lives or what medical treatment they receive.
The LPA may contain restrictions and/or conditions that place limits on the decisions your Attorney can take, for example they may only be allowed to make decisions about where the Donor lives. They must adhere to these restrictions and conditions.
The Donor will talk to the Attorney about their wishes and feelings and may also include guidance in their LPA to assist them when making best interests decisions on their behalf.
The Attorney can only make decisions about life sustaining medical treatment on behalf of the donor, if the Donor has signed section 6 of their LPA and indicated that they wish you to make such decisions. If you are making a decision about the provision or withdrawal of life-sustaining treatment you must not be motivated by a desire to bring about the person’s death. However, you could decide to withhold treatment, even if this means the person will die, if this would be in their best interests, for example, if the treatment is burdensome or is not having any effect.
The decisions your Attorney can make will depend on the powers that you give them when making your LPA. The person will only be able to make decisions that are in your best interests and these may include significant decisions such as:
- Giving or refusing consent to particular types of health care, including medical treatment decisions.
- You staying in your own home, perhaps with help and support from social services;
- You moving into residential housing and choosing the right care home for you.
Your Attorney(s) might also make personal welfare decisions about more day-to-day issues, for example about your diet, your dress or your daily routine. This list is only intended to give examples of the types of decisions that can be made on your behalf using a Personal Welfare LPA.
Help with Registration
Your local Legal Consultant will visit you in the comfort and privacy of your home to take your instructions for an LPA throughout England and Wales and then return for the completion formalities, making the whole process clear and straightforward.
Please contact us on FREEPHONE 0800 368 9770 (during our office hours) or complete the form on our Contact Us page and click ‘Submit’ for further information or to make an appointment. We will call you back as soon as possible.