Lasting Power of Attorney

A lasting Power of Attorney (known as an LPA) is a legally binding document that helps you appoint a person or persons to help you make decisions or to make decisions on your behalf.

How does a Lasting Power of Attorney help me?

The main concept of creating  a Lasting Power of Attorney document is to dictate how your future situations can be controlled if you have an accident or an illness and can’t make your own decisions. It is mandatory to be above the age of 18 to be eligible to make a Lasting Power of Attorney. Also, it is not necessary for you to reside in UK or be a British citizen to be qualified to create a Lasting Power of Attorney.

Louise Welch

Louise@sanderswitherspoon.co.uk

01277 889251

01277 219125

Billericay, United Kingdom

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What kinds of Legal Power of Attorneys are there?

There are two kinds of LPA, Health and Welfare and Property and Financial Affairs. A person can make either or both according to their choice.

To make an LPA the most important part is to choose the right person. Once confirmed, the legalities need to be followed in which the forms are to be filled and registered with the office of the Public Guardian. The paper work can be registered at the cost of £82 and processed within 10 weeks’ time. A person can cancel and recreate an LPA at their choice.

Health and welfare lasting power of attorney

This kind of Lasting Power of Attorney can only be used when you’re unable to make your own decisions and gives a lawyer the power to make decisions about things like your day today routine, to be moved into a care home or facility if need be and to decide on life sustaining treatments.

Property and financial affairs lasting power of attorney

This kind of Lasting Power of Attorney can only be used as soon as it’s registered, giving an attorney the power to make decisions about money and property for you. For immediate usage your permission is necessary. They cover managing bank or building society accounts, paying bills, collecting benefits or a pension, or seeing to the sale of your property.

Who can the Attorney be?

An attorney can be your relative a friend, a professional, for example a solicitor your husband, wife or partner. The criteria being one who has the mental capacity to make their own decisions. If more than one person is appointed the decision-making clause would be either separately or jointly. Separately would mean where attorneys can make a decision on their own without the confirmation from the other attorney.

Attorneys who are appointed jointly must all agree or they can’t make the decision. You can nominate other people to replace your attorney or attorneys if they are unable to fulfil their role. Once the forms are filled and registered you can confirm that a copy of your Lasting Power of Attorney is genuine by ‘certifying’ it. As long as you are considered mentally stable you can make changes to your registered Lasting Power of Attorney.

Finally, if you wish to end your Lasting Power of Attorney you need to send the LPA along with a written statement called the ‘Deed of Revocation’ to the Office of the Public Guardian (OPG) bringing a closure to the document.