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Lasting Power of Attorney

 

What is a Lasting Power of Attorney (LPA)?

A Lasting Power of Attorney is a legal document that allows someone you trust implicitly to make decisions on your behalf.   It is usually brought into effect if you no longer have the mental capacity to make your own decisions, but it can be used if you have mental capacity but lack physical capacity to manage your affairs.  

The Office of the Public Guardian (OPG) has to register the Lasting Powers of Attorney (LPA) before it can used.  

Why should I think about Lasting Power of Attorney if I have full mental capacity?

It is wise to register a LPA before mental capacity is lost.  However, this does not mean that losing mental capacity is inevitable.  It just means that if it is no longer convenient to manage your own affairs, because you no longer have the mental OR physical capacity to do so, the LPA is available for immediate use.  Whilst you have mental capacity you always remain in control.

What if I leave making a LPA until mental capacity is going or has gone altogether?

If mental capacity is uncertain, a doctor or other qualified medical professional is requested to make an assessment.  If mental capacity is insufficient, it is too late to apply for a LPA.  If this is the case, the only course of action is to apply to the Court of Protection for a Deputy Order.  

Applying for a Deputy is a time consuming and costly process which is stressful for the family.  These problems can be completely avoided by making a LPA when there is good mental capacity.

Hay Tarn’s Service

  • Full explanation of the LPA jargon and process
  • Referral to medical professional if capacity assessment is required
  • LPA registration with the Office of the Public Guardian
  • Registration process of Enduring Power of Attorney if required
  • Explanation and advice of how to use the LPA once it is registered
  • Deputyship applications to the Court of Protection

 

 

Property and Financial Affairs

Allows your attorney to make decisions on your behalf to pay bills, deal with the bank, collect benefits, or even sell your home if it was necessary.

Health and Welfare

Allows your attorney to make decisions on your behalf if life sustaining treatment is required.  Once mental capacity is lost your attorney can look after your health care and welfare. Many local authorities, national health departments (hospitals, clinics and doctors) and social services prefer to discuss patient’s conditions and requirements with an attorney rather than ‘next of kin’.