Lasting Powers of Attorney

By Fri 31 Mar, 2017

Lasting Powers of Attorney (LPA) allow you to make arrangements to ensure that if an accident or illness were to affect your mental capacity to act or make decisions for yourself, your personal and financial affairs will be looked after by a person(s) that you choose.

If you become unable to manage your own decisions without an LPA in place, even your close family does not have an automatic authority to act on your behalf and they will have to make an application to the court. The person(s) named as deputy are chosen by the court and not by you so it could be someone you would not ordinarily choose to make such decisions.

Your attorney must always act in your best interests and follow a strict code of conduct which includes taking account of any views you have expressed in the past.

There are two types of Lasting Powers of Attorney (LPA):

  1. LPA for health & welfare –  these documents allow the named Attorney(s) to make decisions on behalf of the onor regarding his or her health and welfare which can include, where appropriate, medical treatment decisions
  2. LPA for property and financial affairs – these documents give the named Attorney(s) the power to make decisions regarding the donor’s finances and property

You do not need to have both types of LPA. If you do choose to put both in place you can name different Attorneys for each form.

Registration of POA

Existing enduring powers of attorney must be registered where the donor has lost, or is losing, their mental capacity to deal with their own affairs.  Applications must be made on prescribed forms and notices must be served on at least three people, those people being defined by a statutory list of family members.

Lasting powers of attorney must be registered before use, regardless of whether the donor has lost capacity. Unlike enduring powers of attorney, the donor or the attorneys can seek to have a lasting power of attorney registered. Again, applications must be made on prescribed forms and notices must be served but with lasting powers of attorney those notices are served on people chosen by the donor (who are specified in the lasting power of attorney form itself).

Anyone on whom notice of the application to register a power of attorney is served (including the donor) has the right to object to the registration on one or more of a number of specified grounds. If, however, there are no objections the Office of the Public Guardian generally register the power of attorney within six to eight weeks (although it can take longer).

How our lasting powers of attorney solicitors can help you:

Next Steps

Fill in our online LPA Questionnaire and contact one of our specialist Lasting Powers of Attorney solicitors to make an appointment.

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