Lasting Power of Attorney

Lasting Power of Attorney

A way to ensure people you choose get the power to take decisions for you

A Lasting Power of Attorney (LPA) is a legal document that you make using a form supplied by the Office of the Public Guardian (OPG). This allows you to select someone that you trust to make decisions on your behalf about property, financial or health and welfare at a time in the future when you may not be in a position to make those decisions for yourself. An LPA can only be used once it has been registered with the OPG.

You can leave it too late to make a Lasting Power of attorney | getthe right help to do it right

It can be too late to make a Lasting Power of Attorney but never too early

There are two different types of LPA:

Health and Welfare Lasting Power of Attorney

This allows you to plan ahead by choosing one or more people to make decisions about your health care. They can only make decisions on your behalf when you lack the ability to make those decisions for yourself, for example because of the onset of dementia.
The decisions that you allow them to make can be considerable, including:

    Giving or refusing consent for some types of treatment
    Whether you continue to live in your own home, perhaps with help from Social Services or if residential care would be more appropriate
    Life-sustaining treatment – this can only be included if a particular part of the LPA has been completed specifically giving your Attorney (the person making the decision for you) the right to make these decisions
    Your daily living, such as what to wear, diet or daily routine

A health and welfare LPA does not give your Attorney the right to make financial decisions on your behalf or decisions on your property.

Property and Financial Affairs Lasting Power of Attorney

This type of LPA does give your Attorney the right to make decisions on your behalf concerning your financial affairs and property matters.
They can be appointed by you to look after your financial affairs if you are intending to spend a prolonged period out of the country or if you are worried that you may not be able to make those decisions for yourself at a later date. Their authority will encompass a wide range of matters including bill payment, collecting your benefits or even selling your house on your behalf.

A Property and Financial Affairs LPA does not give your Attorney the right to make decisions about your welfare or any health care issues.

How do I make someone my Attorney?

Anyone aged 18 or over can hand over Lasting Power of Attorney to one or more persons that they trust to take care of their interests. You nominate an Attorney as Donor (the person requesting the LPA). When an application is made for an LPA, there must also be a third party or ‘Named Person’ who is informed of your intention to name another person as your Attorney. This person has the right to object to the LPA if they have concerns about the registration. They are there to safeguard your interests and ensure that you are not being pressurised into handing over LPA.

You will also need a certificate provider, who is chosen by you to complete a Part B certificate of an LPA. They have to verify that you understand the document and what powers you are handing over to your Attorney on your behalf. This is an important safety provision that should identify if someone is being pressured into doing it.

Finally, you will also need a witness, who signs the LPA form to verify that they have witnessed either you or your Attorney dating and signing the form.
You can make an LPA at any time, but it cannot be used until it has been registered with the OPG. The document is made up of three forms, your (the Donor) statement, the Certificate Provider’s statement and the Attorney’s statement.

As LPAs are important documents, your first act should be to consult with a legal expert who will be able to guide you through the process. Your Attorney can only make decisions once the Lasting Power of Attorney has been registered and will be restricted by your specifications on the document at all times.