LASTING POWERS OF ATTORNEY

Lasting Powers of Attorney (LPA) were introduced on 1st October 2007 and are powerful legal documents. Rather like a Will records who is to act as Executor(s) at the time of a death, the two LPAs separately record who (Attorney(s)) is to manage the property and financial affairs and make decisions about the personal welfare of the Donor.

A Personal Welfare LPA is only operative after the Donor's loss of mental capacity. Loss of mental capacity is determined by a medical practitioner and can result from an accident or illness, and can be temporary or permanent.

A Property and Affairs LPA is also often made dependent on a Donor's loss of mental capacity, but need not be so. For example, a person may still be capable of making decisions but restricted mobility makes it more practical for an authorised person to implement the decisions and any related tasks.

Accidents and illness can strike at anytime so LPAs are not just for the elderly.

For both types of LPAs more than one Attorney can be appointed. They can act together and or independently, and the authority granted can be open or restricted. The authority granted by the Donor to one Attorney does not have to be the same as that granted to another. It is not necessary to have both types of LPA, but it is probably sensible to do so.

When a person loses their mental capacity and there is no LPA available a member(s) of the family or a friend(s) will need to apply to the Court of Protection to obtain the authority to make decisions on their behalf, whether in respect of financial matters and or personal welfare. This is not straightforward and is an expensive and lengthy process.

In a similar way to having an up to date Will available, having LPAs available when they are needed relieves loved ones of a great deal of expense, stress and time wasting. By recording the person(s) who is to act on behalf of the Donor when they are unable to do so, certainty prevails and family differences are avoided at a very emotional and stressful time. Appropriate decisions and actions can be taken immediately.

Once a LPA is registered with the Office of The Public Guardian, the nominated Attorney(s) can act according to the powers granted to them. At all times an Attorney must act in the best interests of the Donor. The Court of Protection oversees that this is so.

LPAs are far more complex than the Enduring Power of Attorney which the LPA Property and Affairs replaced. It is recommended that expert guidance is obtained on all the options available, ideally in the privacy of your home, and that the LPA(s) are prepared by Law Society regulated solicitors.

We provide this service, as well as Wills and Estate Planning, locally for a very competitive fee.

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