A Lasting Power of Attorney (or an “LPA” as they are more commonly known), is a legal document which allows you to appoint an attorney whom you trust to make decisions on your behalf.
There are two very distinct types which are:
- An LPA which deals with Property and Financial Affairs
- An LPA which deals with Health and Welfare
Lasting Power of Attorney - Property and Financial Affairs
This document enables your attorney to deal with your property and financial affairs when you no longer wish to yourself, or lack the mental capacity to do so.
The Lasting Power of Attorney cannot be used until it has been registered with the Office of the Public Guardian (OPG).
When that has been done you no longer need to worry about making the day to day financial decisions yourself, your Attorney will deal with that.
This could include matters such as selling your home, paying household bills and general day-to-day financial matters that need to be dealt with.
Lasting Power of Attorney - Health & Welfare
This document allows your attorney to make decisions about your health and personal welfare.
These are decisions that you would have made yourself if you had maintained your mental or physical capacity.
In the event that you become unable to do so, those you have chosen can make decisions about your health care and medical treatment, decisions about where to live and deal with the day to day issues about your personal welfare.
They can deal with your dietary needs, your dress and daily routine important to you.
These are all matters that are important and essential to your well-being. Should you require nursing care, whether you would wish that to be in the context of a nursing home or by visits at home, people very often have black and white opinions on these issues.
All of these details can be recorded in the LPA and we are experts in the preparation of these documents for all of our clients.
Within the cost of the LPA, We also act as Certificate Provider within the instrument which is an important element of the registration process. This is included within the service that we provide to you in preparing and registering the LPA on your behalf.
We also deal with the registration of Enduring Power of Attorneys (known as “EPA’S”) which have previously been created and signed previously. This activates the EPA and allows it to be used in the same way as an LPA (please note that you can no longer create an EPA)
Will I get a copy of the LPA?
You will get the validated original copy of the LPA (or you can choose to leave that with us in our client safe for you for safe keeping) and we provide you with 2 certified copies for use at the bank and other institutions as required) further copies are available on request.
How many attorneys can I appoint?
You can appoint as many attorneys as you like. We advise you to appoint a minimum of one attorney and one replacement attorney. Your attorneys can be selected to act jointly (all must agree before a course of action can be taken on your behalf) or jointly and severally (they can also choose independently of how to act in your best interests)
Which LPA should I choose?
This all depends on what you want for your attorneys to be able to do for you. An LPA for property and financial affairs will allow your attorneys to decide on financial matters for you including decisions to be made with the bank, bills, and payments.
An LPA for health and welfare allows your attorneys to decide whether you reside in a care or residential home and healthcare decisions including GP or Hospital treatment choices.
You may decide that you want both instruments preparing, and in that case, we offer clients a reduced fee for completing the two LPA’s for you.