A Lasting Power of Attorney (LPA) is a legal tool that allows you to state who you would like to make decisions on your behalf, should you become unable to do so in the future.
There are two different types of LPA.
1. Property and affairs LPA
A property and affairs LPA covers decisions about your finances and property
2. Health and welfare LPA
A health and welfare LPA allows the attorney to make decisions on your behalf about your health and welfare,
Benefits of making an LPA
- An LPA can reduce problems that may occur in the future.
- Making an LPA can help prompt discussions with your family or others about your future wishes.
Who can make an LPA
To make an LPA you must be over the age of 18. You must also have the mental capacity to make this decision..
Who can be an attorney
You can choose anyone you wish to be your attorney, as long as they are over 18.
How an attorney acts
If you choose to have more than one attorney.
When making decisions, your attorney must follow the Mental Capacity Act. This means that they:
must act in your best interests
- must consider your past and present wishes
- cannot take advantage of you to benefit themselves
- must keep all of your money separate from their own.
How to make an LPA
Once you have completed the form, you will need to get someone to sign it to state that you have the mental capacity to make an LPA
They can be:
- a professional, such as your doctor, social worker or a solicitor
- someone who has known you for two years, but is independent, ie isn’t a family member..
Send the form to the Office of the Public Guardian.
This is very basic overview of what a Lasting Power of Attorney is based on Hart Greaves understanding of the rules. If you would like to receive a full and comprehensive explanation please contact us.