What is A Lasting Power of Attorney
A Lasting Power of Attorney (LPA) is a legal document that allows an individual (the “donor”) to appoint one or more people (known as “attorneys”) to make decisions on their behalf if they become unable to make decisions for themselves in the future due to mental or physical incapacity.
LPAs are commonly used in the context of managing the donor’s financial affairs and making decisions about their health and welfare.
There are two main types of LPAs:
Property and Financial Affairs LPA: This type of LPA grants the attorney(s) the authority to handle the donor’s financial matters, including managing bank accounts, paying bills, collecting benefits, and selling or managing property.
Health and Welfare LPA: This LPA gives the attorney(s) the power to make decisions regarding the donor’s healthcare, medical treatment, living arrangements, and other personal welfare matters. This may include decisions about the donor’s daily routine, healthcare providers, and consent to or refusal of medical treatment.
To create an LPA, the donor must be at least 18 years old and have the mental capacity to understand the nature and implications of granting such powers. The document must be signed and dated by the donor, attorneys, and witnesses in the presence of one another, following specific legal requirements.
It is important to note that LPAs can only be created while the donor has mental capacity. If someone loses mental capacity without having an LPA in place, it may be necessary for their loved ones to apply to the court for a Deputyship Order to handle their affairs, which can be a more complex and costly process.
If you would like to arrange a consultation with the team at Guardian Solicitor, please contact us on 0203 301 6600 or by email us at info@guardiansolicitors.co.uk to discuss all the necessary legal requirements in making a Lasting Power of Attorney.
