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lasting power of attorney
(LPA)
An ordinary power of attorney is a legal document that lets you (the donor)
appoint someone (the attorney), to make decisions on your behalf even if you
still have the mental ability to do so for yourself. For example, it may be that
you have difficulty with day-to-day tasks such as making the trip to the bank or
you might be out of the country for long periods of time and want to give
someone the power to look after your financial interests in your absence.
An Enduring Power of Attorney (EPA) allows the person to whom you have given such power (the donee) to continue to act on your behalf, even if you have lost your mental capacity, provided it is registered. Since October 2007, it is no longer possible to create an EPA. They have been replaced by Lasting Powers of Attorney (LPAs). Enduring Power of Attorney agreements signed by both parties before the 1st of October 2007 are still valid.
An LPA is similar to an EPA in that it continues to be a legal document even if
at some point in the future, you lose the mental capacity to make decisions for
yourself, perhaps due to illness or injury.
There are two different types of LPA available to
individuals wishing to make provision for the future:
• Property and Affairs LPA that allows you to choose someone you trust to
make decisions about how to spend your money and the way your property and
affairs are managed. Once registered, and unless you have put a restriction on
it, this type of LPA can be used by your attorney(s) straight away.
• Personal Welfare LPA allows you to choose a person to make decisions on your behalf relating to your personal healthcare and welfare including decisions to give or refuse consent to treatment on your behalf and deciding where you live. These decisions can only be taken on your behalf when the LPA has been registered and you lack the capacity to make the necessary decision for yourself. This is similar to the current Living Will.
Whenever an attorney makes a decision under an LPA, by law they must act in the best interests of the donor who has given them the power.
If after October 2007, you want to make plans for the future, creating an LPA will allow you to choose one or more people to act as decision-makers. An LPA can be made by anyone aged 18 or over but can only be used once it has been registered with the Office of the Public Guardian.
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