Lasting Power of Attorney
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Guardianship Solicitors for Lasting Power of Attorney’s
Whatever might happen in the future can be less to worry over with a Lasting Power of Attorney. Although it can be all too easy to put off, making plans now can make things a lot easier for your relatives in the event you can no longer make decisions for yourself. Having a Lasting Power of Attorney is highly recommended if there are health conditions in the family, or you have been diagnosed with a life-changing illness. An LPA can make decisions on your behalf in the event that you can no longer, or no longer want to make decisions on your own. Of course, thinking about this can raise sensitive emotions, but you can be assured that our expert Guardianship Solicitors will guide you through the process with respect and dignity.
A Lasting Power of Attorney (LPA) is a legal document that allows you (the donor) to give another person(s) (the attorney) the legal authority to make decisions on your behalf, if, at some time in the future, you are unable to make decisions for yourself. An LPA is a prescribed legal form that allows your attorney to make decisions on your property and financial affairs, and/or on your health and welfare, whichever you choose.
Your chosen attorney can only make decisions based on which type of LPA they are and cannot make decisions conflicting with the agreement and the law. An attorney will need to act in accordance with the statutory principles of the Mental Capacity Act 2005, and in the best interests of the donor. This means, when making a decision on your behalf, your attorney has a duty of care and must always encourage you to be part of the decision where possible, consider your feelings both past and present, and talk to others that you know who can suggest what might be in your best interests.
We will always explain to you and your attorney the rules around guardianship prior to submitting the application. A large part of our work consists of making sure you understand the ins and outs of what’s involved. In fact, we recommend choosing more than one LPA, for any event where one may not be able to act for you.
FAQ’s
Who can be an Attorney?
Anyone over the age of 18 can be made an attorney. However, if they are making decisions on your financial affairs, they cannot have previously been declared bankrupt or subject to a debt relief order. In the event that your financial LPA becomes bankrupt or obtains a debt relief order, will automatically cancel their guardianship. This does not apply to health and welfare LPAs.
We also recommend that you appoint someone as an LPA who you can absolutely trust.
What decisions can my Attorney make?
This depends on the type of Lasting Power of Attorney you choose. You can choose multiple LPA’s who have multi responsibilities.
LPAs for health and welfare affairs can make decisions on your behalf such as:
- Where you live
- Daily routine
- Medical care including life-sustaining treatment
- Care received in care homes and end of life
LPAs for property and financial affairs can make decisions on your behalf such as:
- Operating your bank accounts
- Dealing with taxes and benefits
- Buying and selling property
What decisions can my Attorney not make?
Your LPA has the responsibility of making decisions that are in your best interests, therefore they cannot:
- Sign your Will on your behalf
- Gift your money or property
- Make decisions on your behalf that involve marriage or divorce
- Make decisions on matters that is limited or prohibited in the terms of the LPA
- Make decisions on your health and welfare, unless you are seen to have lost mental capacity and therefore cannot make those decision for yourself
What if I become incapacitated before appointing a Lasting Power of Attorney?
If you already cannot make decisions for yourself because, for instance, you ‘lack mental capacity’, someone can apply for Deputyship. Much like a Lasting Power of Attorney, a Deputy will need to be 18 or over and can make decisions for you that involve your welfare and finances.
It is possible to apply for a one-off decision from the Court of Protection if there are concerns about the personal welfare or finances of someone who’s lost mental capacity; and you want to get a one-off decision, for example, the sale of the protected person’s property.
FAQ’s
Who can be an Attorney?
Anyone over the age of 18 can be made an attorney. However, if they are making decisions on your financial affairs, they cannot have previously been declared bankrupt or subject to a debt relief order. In the event that your financial LPA becomes bankrupt or obtains a debt relief order, will automatically cancel their guardianship. This does not apply to health and welfare LPAs.
We also recommend that you appoint someone as an LPA who you can absolutely trust.
What decisions can my Attorney make?
This depends on the type of Lasting Power of Attorney you choose. You can choose multiple LPA’s who have multi responsibilities.
LPAs for health and welfare affairs can make decisions on your behalf such as:
- Where you live
- Daily routine
- Medical care including life-sustaining treatment
- Care received in care homes and end of life
LPAs for property and financial affairs can make decisions on your behalf such as:
- Operating your bank accounts
- Dealing with taxes and benefits
- Buying and selling property
What decisions can my Attorney not make?
Your LPA has the responsibility of making decisions that are in your best interests, therefore they cannot:
- Sign your Will on your behalf
- Gift your money or property
- Make decisions on your behalf that involve marriage or divorce
- Make decisions on matters that is limited or prohibited in the terms of the LPA
- Make decisions on your health and welfare, unless you are seen to have lost mental capacity and therefore cannot make those decision for yourself
What if I become incapacitated before appointing a Lasting Power of Attorney?
If you already cannot make decisions for yourself because, for instance, you ‘lack mental capacity’, someone can apply for Deputyship. Much like a Lasting Power of Attorney, a Deputy will need to be 18 or over and can make decisions for you that involve your welfare and finances.
It is possible to apply for a one-off decision from the Court of Protection if there are concerns about the personal welfare or finances of someone who’s lost mental capacity; and you want to get a one-off decision, for example, the sale of the protected person’s property.
