Lasting Power of Attorney
A power of attorney is a legal document where a person (“the donor”) gives another person or persons (“the attorney/s”) authority to make certain decisions on his or her behalf. Unlike an ordinary (or “general”) power of attorney, a Lasting Power of Attorney (“LPA”) continues to be valid even if the donor loses the mental capacity to deal with his or her own affairs.
Types of LPA’s
There are two types of LPA:
- A property and affairs LPA, which allows your attorney authority to deal with your property and finances, as you specify. If you wish, this type of LPA can be used while you still have capacity to deal with your own affairs.
- A health and welfare LPA, which allows your attorney to make welfare and health care decisions on your behalf, but only when you lack mental capacity to do so yourself. This could extend, if you wish, to giving or refusing consent to the continuation of life-sustaining treatment.
When can the Attorney act?
Your attorney will only be able to act when your LPA has been signed by you and your attorney, and has been certified by a “Certificate Provider” who confirms that you understand the nature and scope of the LPA and have not been unduly influenced into making the power. It also needs to be signed by your attorneys. It must then be registered with the Office of the Public Guardian (“OPG”) before it can be used.
Existing Enduring Powers of Attorney
An existing Enduring Power of Attorney, validly made before 1 October 2007, will continue to be valid. It can only relate to your property and affairs, and does not give authority to deal with health and welfare
We can help with the following:
- Preparation and registration of your Lasting Powers of Attorney, including advice on who you should appoint and they should be allowed to act, and whether any restrictions or conditions should be included in the document.
- Acting as a Certificate Provider or arranging for a medical or social work professional to act in this role for you.
- If you wish, you can appoint Directors of Hayes + Storr to be your attorneys.
- Storing the original documents indefinitely at no cost, and providing you with certified copies for use by your attorneys.
- Registration of Enduring Powers of Attorney in the event that the donor has lost or is beginning to lose mental capacity.