Lasting Power of Attorney
A Lasting Power of Attorney (LPA) is a legal document which upon completion is arranged by us to be registered with the Office of the Public Guardian. The LPA allows you (the ‘donor’) to appoint one or more people (the ‘Attorneys) to make decisions on your behalf should you become unable to organize your affairs at any point in your life.
You can make 2 types of LPA:
Property and Financial Affairs:
Allows you to appoint an Attorney to help you make decision or make decisions on your behalf about your properties and finances should you become incapacitated to do so yourself.
Health and Welfare
Allows your Attorney to make decisions about your health and advanced care provisions, such as where you live, your day to day care and it extends as far as an acceptance or refusal of life-sustaining treatment on your behalf.
Note: Discounts will be applied for a Husband and Wife/Cohabitees/Civil Partners
Frequently Asked Questions regarding Lasting Power of Attorney
Having no Lasting Powers of Attorney in place – what happens?
What Happens if nobody has Power of Attorney over my affairs, and I lose mental capacity?
It is a difficult thing to think about, but if you feel that in the future you may lose mental capacity it is a good idea to have a Lasting Power of Attorney in place with somebody that you trust so they can act for you when the need arises.
The person I’m caring for has lost their mental capacity, but there is no lasting power of attorney in place. Can I get Power of Attorney after they have lost mental capacity?
Simple answer to this is No. You can check with the Office of Public Guardian to find out if a Lasting Power of Attorney is in place for this person but if not then it can’t be applied for after mental capacity has been lost.
Can I get Power of Attorney without consent of the donor?
No. This is the same situation as a person who has lost mental capacity. They are not in a position to complete an application for Lasting Power of Attorney and assign an attorney. The only option is to apply to the Court of Protection to become a deputy.
What if my deputy’s application is refused?
This point shows why it is so important to have Lasting Power of Attorneys in place. On occasion the Court of Protection may refuse an application to become deputy for a friend or loved one. If this occurs the Court will appoint the local authority to be deputy for this person. This leaves the local authority with the control to look after all health and financial decisions for this person. This can be extremely traumatic for the family as they have no control on any of these decisions.
What happens to the Lasting Power of Attorney when someone dies?
The Lasting Power of Attorney ceases when the person dies including any financial decisions. The instruction of the Will now takes precedence.