Coopers Solicitors regulated by the Solicitors Regulation Authority
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Friendly, efficient, thorough and personal service. Specialists in Wills, Powers of Attorney, Probate and Property Transfers.
Powers of Attorney
A Lasting Power of Attorney (LPA) is a legal document that you (the ‘Donor’) make using special forms. It allows you to choose someone (the ‘Attorney’) you trust to make decisions about things such as your healthcare or finances on your behalf at a time in the future when you may lack the mental capacity to make those decisions yourself.
LPAs came into effect in October 2007 replacing Enduring Powers of Attorney. Any Enduring Powers of Attorney validly executed before October 2007 will remain valid.
There are two types of LPAs.
A Property and Affairs LPA allows your Attorney to make decisions on your behalf about your property and affairs, including paying your bills, collecting your income and benefits or selling your house subject to any restrictions or conditions. It does not allow your Attorney to make decisions about your personal welfare.
You can appoint a Property and Affairs Attorney to manage your finances and property while you still have capacity as well as when you lack capacity. For example, it may be easier for you to give someone the power to carry out tasks such as paying your bills or collecting your benefits or other income. This might be easier for lots of reasons: you might find it difficult to get about or to talk on the telephone, or you might be out of the country for long periods of time.
A Personal Welfare LPA allows your Attorney to make decisions on your behalf about your personal welfare, including whether to give or refuse consent to medical treatment on your behalf and deciding where you live.
These decisions can only be taken on your behalf when you lack the capacity to make them yourself, for example if you are ill, unconscious or because of the onset of a condition such as dementia. It does not allow your Attorney to make decisions about your property and affairs.
Either LPA can only be used when it is registered with the Office of the Public Guardian (OPG) although it is not necessary to register the LPA immediately. It can be registered by your attorneys if and when they need to use it (although please be aware that the registration process will take around 6 weeks).
It is important to consider making an LPA whilst you still have the mental capacity to do so, otherwise it may be too late. Many people make LPAs whilst they are still very able to deal with their affairs.
If you lack sufficient mental capacity to make a LPA and are no longer able to manage your affairs, someone would have to apply to the Court to be appointed as a Deputy for you. You would have no say in whom that person would be and the process can be long, costly and frustrating.