FAQ's

Lasting Powers of Attorney, (LPA)

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What is a Lasting Power of Attorney?

A Lasting Power of Attorney is an important legal document that enables

you to appoint a person(s), attorney(s) to act on your behalf and

make decisions for you, should you be unable to make those decisions

for yourself.

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When should I make a Lasting Power of Attorney?

You really should consider making your LPA as soon as possible.  None of us know what is around the corner and to have the documents in place can give you peace of mind knowing that your chosen attorneys are legally appointed, should they be required to act.  It is always better to be proactive in these matters and give instructions when you are in control. 

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What happens if I lose mental capacity before making a Lasting Power of Attorney?

If you lose mental capacity you cannot make a Lasting Power of Attorney and it may be that an application will be made to the Court of Protection on your behalf which is both a costly and lengthy process.

Lasting Power of Attorney Property and Financial Affairs

This type of LPA enables your attorneys to make decisions and undertake transactions of your behalf in relation to your property and financial affairs.  For example;

Buying and selling property

Making investments

Paying bills and invoices

Changing utility providers

When can the Power of Attorney Property and Financial Affairs be used?

Subject to any restrictions placed upon the power of attorney, it can be used as soon as it is registered with the Office of the Public Guardian.  This means that it can be a very useful and flexible document that can be used by your chosen attorneys when required.

Can my attorneys do whatever they like?

No, your attorneys must follow the principles of the Mental Capacity Act 2005.

Your attorneys must act in your best interests and must act for your benefit.

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Lasting Power of Attorney Health and Welfare

This type of power of attorney enables your attorneys to make decisions about your health and welfare. 

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For example; 

Where you might live

What you might wear

What you might eat

Treatment decisions

Life sustaining treatment decisions (subject to your authorisation)

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When can the Power of Attorney Health and Welfare be used?

The Health and Welfare Lasting Power of Attorney can be used once it is registered with the Office of the Public Guardian but ONLY where you lack the mental capacity to make the particular decision in question.