When we plan for the future, we must face up to the possibility of future events which may be unwelcome. This includes the possibility of becoming unable to look after our own financial affairs because of physical or mental incapacity, whether as a result of an unexpected accident or old age.

A Power of Attorney can help in these situations and can also be used in circumstances such as you being abroad for periods of time and you want your affairs looked after.

Lasting Powers of Attorney

There are two different types of LPA – a Property and Affairs LPA and a Personal Welfare LPA. The former deals with financial matters and the management of your property and affairs; the latter relates to personal healthcare and welfare and also deals with medical treatment decisions.  A Personal Welfare LPA allows the Attorney to decide where the Donor should live and to give or refuse consent to the carrying out or continuation of a healthcare treatment. The Attorney must believe that the Donor lacks the capacity to deal with these decisions themselves, and must also believe that they are acting in the Donor's best interests. Severe welfare matters that require decisions relating to, for example, life-sustaining treatment, will still need to be brought before the Court of Protection.

How does it work?

An LPA is a document which allows a person (the Donor) to give another person (the Attorney) authority to do those things which the Donor would normally do him or herself.  An LPA will require a Certificate of Capacity to be signed by a prescribed person stating that the Donor was capable at the time of signing the document. The prescribed person must confirm that the Donor understands the purpose and scope of the LPA and also that no pressure was placed on the Donor to complete it. Many of those who fall into the category of prescribed person (such as doctors, barristers and magistrates) are likely to charge a fee for this service. It must be made at a time when the Donor has the requisite capacity to do so ie before it is needed and can only become effective after is has been registered at the Office of the Public Guardian (OPG).

Please click here to open our Lasting Power of Attorney Guide.