Table of Contents – Lasting Power of Attorney
A Lasting Power of Attorney (LPA) is a legally binding document that allows your chosen Attorney to follow your instructions and make decisions on your behalf when you no longer have the capacity to do so. With an LPA, you can avoid your medical and financial instructions being made against your wishes. Each LPA must be registered with the Office of the Public Guardian at the cost of £82 to register each LPA document.
Types of Lasting Power of Attorney
There are two types of Lasting Power of Attorney forms:
Property and Finance Affairs
Once registered, your Attorneys can make all decisions regarding your property and finances. This means they will be able to buy or sell any property, should it be in your best interest, and assist with day-to-day living expenses. It will also give them access to your financial records and investments.
Health and Welfare Decisions
Once registered, this will allow your Attorneys to make all decisions regarding your health and welfare, such as medical treatment and whether you will need to be moved to a hospice or care home.
Should you request, your Attorneys will also make decisions on your life-sustaining treatment to keep you alive. This can be difficult for your Attorneys, who may not want that responsibility. Therefore, if you choose not to, it will be up to the Doctor, who will still consider the opinions of the Attorneys and those close to the Donor.
What is a Donor?
A Donor is the person creating the Lasting Power of Attorney. They will set out the instructions and preferences for their Attorneys to follow when the time comes for the Attorneys to make decisions on their behalf.
What is a Certificate Provider?
A Certificate Provider must be someone other than the Attorney and someone who will receive no potential benefit from the LPA being registered. This includes family members, spouses, unmarried partners, business partners or employees, and any manager, director, or employee of a local care home.
The Certificate Provider can be a friend you have known for over two years or someone with relevant professional skills, such as a medical professional or solicitor.
The Certificate Provider must go through the LPA with the Donor and ensure the following:
- The Donor has understood the LPA and the powers provided to the Attorneys when registered.
- There has been no fraud or undue influence in creating the LPA.
- Nothing will prevent the LPA from being registered upon completion of the LPA document.
What is an Attorney, and What is Their Role?
An Attorney is someone who acts on your behalf when you are struggling or unable to make decisions for yourself.
As an Attorney, they must:
- Follow the instructions provided by the Donor as stated in the LPA.
- Although not legally obliged, they must consider and follow the Donor’s preferences to the best of their ability.
- Make all decisions in the Donor’s best interest.
- Respect the Donor’s human and civil rights.
- Make all decisions themselves; they cannot ask anyone else to make decisions on their behalf.
Anyone can be your Attorney, though it is recommended that you take many factors into account, such as their age, ability to make decisions, where they live, and whether they are able to put in the appropriate time and effort to perform the duties needed as your Attorney. Therefore, it is recommended that you always have more than one Attorney and potential replacement Attorneys if possible.
Can I Change My Attorneys or Revoke My LPA?
It is possible that people can distance themselves from one another or, in their later years, prefer to trust someone else; likewise, Attorneys may choose that they don’t want the responsibility as time goes on.
Unfortunately, once registered, you will be unable to change your Attorneys. You will need to create a new LPA and revoke your current one.
If the Donor still has the mental capacity to do so, they will be able to revoke their current LPA by informing the Attorneys of their decision in writing and sending a deed of revocation, with a copy of the original LPA, to the Office of the Public Guardian with a letter stating that you wish to revoke your current LPA. You will then be able to create a new LPA with new Attorneys and instructions.
For more information on Lasting Power of Attorney and related legal services, visit Lawdit Solicitors.
