What is a Lasting Power of Attorney?
A lasting power of attorney is a is a legal document that allows you (the donor), to appoint a friend or family member (the attorney), to make decisions on your behalf when you are unable to make them yourself.
You must be age 18 or over and have sufficient mental capacity.
There are two kinds of lasting power of attorneys.
Property and affairs
A property and affairs lasting power of attorney can operate as an ordinary power of attorney whilst you can still manage your own affairs, it only operates as a lasting power of attorney once you have lost mental capacity. This allows you to utilise the attorney’s assistance as you become less able to manage your affairs independently – your attorney can legally assist you to manage accounts and payments. Once you have lost the ability to manage your own affairs your attorney must make decisions that are in your best interests.
Health and welfare
A health and welfare lasting power of attorney appoints a friend or family member to have a voice in any decision making relating to your health and welfare. It is effective only when you no longer have the mental capacity to make the decisions yourself. The kind of decisions that this relates to are where you will live, who you will see and consent to medical treatment. There is also a specific ability to give your attorney the authority to give or refuse consent to life sustaining treatment on your behalf.
We can advise on all issues around creation and registration of powers of attorney.
Can I register an Enduring power of attorney (EPA)?
If you have an enduring power of attorney, it will have been made was made before the Mental Capacity Act came into force in 2007. These are still valid and if you are appointed as an attorney, it can be used to assist in managing property and affairs.
There is a requirement that the EPA is registered with the Office of the Public Guardian once the donor loses capacity.
How to make a Lasting Power of Attorney enquiry
Explained in three easy steps
Free Initial Advice
Call us, request a callback or complete our online enquiry form and we will assess whether we can assist you.
Take Instructions
From your instructions and specific requirements we will prepare your lasting power of attorney documents.
Register Documents
We will register your documents with the Office of the Public Guardian (OPG). Once complete you will receive your registered documents.
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