Lasting Power of Attorney

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

Signatures required

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..

Next steps

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.

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