Lasting Powers of Attorney (LPAs) replaced the Enduring Power of Attorney (EPA) in October 2007. The LPA gives between one and four nominated attorneys the legal authority to act on behalf of the person making the LPA, called the donor, if the donor loses mental capacity.
The LPA will remain valid after the donor has lost mental capacity, but the donor must still have capacity when the LPA is drawn up. The LPA is only valid during the donor’s lifetime. If the donor dies, their estate will be administered according to their will or the rules of intestacy.
The two types of LPA
- Property and affairs. This entitles the attorney to make decisions about the donor’s property and financial affairs, including bank accounts and investments. They can collect and spend income and benefits on the donor’s behalf. This time of LPA can be invoked at any time, whether or not the donor has lost capacity.
- Personal welfare. This LPA allows the attorney to make decisions about the donor’s welfare, such as where they live, and about their health care, including the acceptance or refusal of medical treatment. This type of LPA can only be invoked after the donor has lost capacity.
The donor can revoke and cancel either type of LPA at any time, as long as they still have capacity.
How an LPA is created
- The donor chooses to have either or both LPAs.
- At least one person, called the ‘named person’ and chosen by the donor, must be notified about the LPA before it’s registered.
- A separate form for each type of LPAs is completed, signed and witnessed.
- The LPA is then submitted to the Office of the Public Guardian (OPG) for registration.
- The attorney(s) named on the LPA must then act in the donor’s best interests at all times and take their wishes into account wherever possible.
- The attorneys must allow and help the donor to make their own decisions unless or until it’s proved that they lack the mental capacity to do so.
LPAs from Colin Snaith
Colin’s LPA service starts from just £150 – a small price to pay for peace of mind. He’ll explain the process and take care of all the paperwork on your behalf. Contact Colin today to book your free, no obligation appointment.