– your LPA questions answered.
We can’t promise to answer all your LPA questions, and we won’t be giving free personal advice, but we will be pleased to answer questions of general interest on Lasting Powers of Attorney on this site. Just use the form below. But do check that the answer to your LPA question is not already one the site!
Do you have a question on Lasting Powers of Attorney?
Bear in mind that this is not a free advice service (though we’ll do our best to help): but we’ll be delighted to publish the answers to any questions when the facts will be of general interest to people considering making Lasting Powers of Attorney (obviously we won’t publish personal details).
Ask a question or for our Free Guide to LPAs and Legal Planning HERE.
The most basic of LPA Questions:
What is a lasting power of attorney?
A lasting power of attorney is a legal document that allows someone to choose other people who they want to make decisions on their behalf when they lack mental capacity to make the decision themselves.
It is ‘completed’ in advance of the person losing mental capacity. It is then ‘kept’ until needed. During this period it cannot be used – and the person continues to make decisions themselves. It is then ‘registered’ with the Office of the Public Guardian, and from this point on it can be used – the other people then being able to make decisions on the person’s behalf.
The person making the lasting power of attorney is legally referred to as the ‘donor’. (Throughout this guidance, we use ‘you’ or ‘the donor’. In the lasting power of attorney form we use ‘you’, and ‘the person giving this lasting power of attorney’.)
The people chosen to make decisions on your behalf are your ‘attorneys’.
The lasting power of attorney is generally referred to as an LPA throughout the rest of this guidance.
There are two types of LPA:
Property and financial affairs (allowing an attorney to make decisions • about paying bills, dealing with the bank, collecting benefits, selling your house, etc.)
Health and welfare (allowing decisions on treatment, care, medication, • where you live, etc.)
Your Lasting Power of Attorney Questions.
Lasting Power of Attorney Question:
I have made a Lasting Power of Attorney.
Does this stop me from dealing with my affairs myself?
Answer: Lasting Powers of Attorney Property & Financial Affairs were specifically designed to ensure that you will still free to make your own decisions. Before the Lasting Power of Attorney is registered, only you have any rights at all to and to write cheques and deal with your property as you always have. When the Lasting Power of Attorney is registered with the Court of Protection it also allows your Attorney to do so but the attorney must act in your best interests. The attorney is also required to consult you so long as you have mental capacity to make decisions. So you remain in control for as long as you possibly can.
When can an attorney make decisions under a Welfare Lasting Power of Attorney?
Answer: Welfare Lasting Powers of Attorney give NO authority to the attorney UNLESS you don’t have the mental capacity to make the necessary decision soon enough. This means that non-urgent decisions effectively can’t be made by attorneys, unless they become urgent. Urgent decisions clearly have to be made by the attorneys. We at LPAuk think this is rather good!
If you have a question on Lasting Powers of Attorney, use the form below, and we’ll answer them when we have the time, as long as they are not too detailed – we have to earn a living!
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