Every adult has the right to manage his or her own money and affairs. However the ability to do this may be impaired due to illness, disability or accident. Whilst no one likes to contemplate what will happen to them if they lose their mental capacity, there is a process which can be put in place to ensure that they and their interests will be well looked after. This is a Lasting Power of Attorney.
What Is A Lasting Power Of Attorney?
A Lasting Power of Attorney allows a donor to nominate one or more attorneys (nominated friends or family) to make decisions should they lose the mental capacity to do so themselves. A Lasting Power of Attorney will need to be registered with the Court of Protection before it may be used by the attorney(s).
A person can make two types of Lasting Power of Attorneys:-
Health and Welfare LPA
A health and welfare LPA allows you to choose one or more people to make decisions on your behalf such as what medical treatment you are to receive or not as your wish may be, what care you may require such as directions as to which Care or Nursing Home you would like to reside in should the need arise. A health and welfare LPA can only be used should you lack the ability to make those decisions for yourself. In order for the LPA to be effective it must be registered with the Office of the Public Guardian who provide safeguards to ensure that your attorneys do not abuse their powers.
Property and Financial Affairs LPA
A property and financial affairs LPA lets you choose one or more people to make property and financial affairs decisions on your behalf. This could include decisions about paying bills or selling your home. You can appoint an attorney to look after your affairs in this regard at any time. You can also include conditions within the LPA which means the attorney can only make decisions when you lose the ability to do so yourself. Again the LPA has to be registered with the Office of the Public Guardian and the same safeguards are put in place for this LPA as for the Health and Welfare LPA.
Enduring Powers of Attorney
You may have already made an Enduring Power of Attorney and so long as this was made prior to 1st October 2007 then this is still valid. After 1st October 2007 the Mental Capacity Act 2005 replaced Enduring Powers of Attorney with the Lasting Power of Attorney (LPA).
Completing Lasting Power of Attorney Forms
We offer a comprehensive service including taking instructions on what is to be included in the LPA, preparing the necessary forms for signature, where possible to be the Certificate Provider to authorise the LPA, preparing and completing the registration and notification forms. Please complete the online questionnaire.
Would You Like More Information About A Lasting Power Of Attorney?
Please call us on 0191 2618878 to speak to Amanda McNabola or complete our questionnaire for financial affairs or our questionnaire for health and welfare.