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Top 5 Lasting Powers of Attorney Questions
1. What is a Lasting Power of Attorney (LPA)?
An LPA is a legal document that lets you (the donor) appoint one or more people (your attorneys) to make decisions on your behalf if you lose mental capacity, or simply if you want help managing things while you still have capacity. There are 2 types; health and welfare which covers medical treatment, care and living arrangements and property and financial affairs which covers money, property, bank accounts etc.
2. When can an attorney start making decisions?
The property and financial affairs LPA can be used as soon as it’s registered, with your permission, even if you still have capacity. The health and welfare LPA can only be used if you can’t give your own instructions i.e. you are unconscious or have lost mental capacity. Both LPAs must be registered with the Office of the Public Guardian before they can be used.
3. Do I still have control after making an LPA?
Yes you keep full control as long as have mental capacity. You are in charge of choosing who your attorneys are and how they act. You can also leave guidance for them.
4. What happens if I don’t make an LPA?
If you lose mental capacity without an LPA in place then no one automatically has the right to make decisions for you, including your spouse/partner or children. A Court of Protection application will need to be made which is slow, expensive and will involve ongoing supervision. Making an LPA avoids stress and uncertainty for your family.
5. Am I too young for an LPA?
No. Once you’re 18 or over, an LPA can be useful — accidents and illness can happen at any age.
Should you need expert legal advice regarding setting up LPAs, please contact Sarah Greene on sarah.greene@fieldingsporter.co.uk or telephone 01204 540 900.
The contents of this article are for general information purposes only and shall not be deemed to be or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.