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Lasting Power of Attorney (LPA)
An application in respect of powers of attorney is submitted to the Office of the Public Guardian, as they provide oversight in these matters. This application results in a legal document that allows people to make decisions on your behalf: either at your specific instruction or when you are no longer able to make decisions for yourself. By making the application yourself, while you are still in control of your affairs, the process can provide you with the reassurance that those making decisions on your behalf truly understand your wishes and instructions.
There are two forms of lasting powers of attorney:
- Health and welfare: this relates to any decisions concerning your care or living arrangements
- Property and financial affairs: this allows an attorney to make decisions concerning your personal assets and finances
The person making a lasting powers of attorney application is called a donor, as they are donating the authority to make decisions on their behalf, to someone else. The attorneys are the people nominated to make decisions on the donor’s behalf.
Can I cancel a lasting power of attorney?
It is easy to cancel a lasting power of attorney or remove a nominated attorney, provided you still have the necessary capacity to do so. A letter to the Office of the Public Guardian detailing your instruction is sufficient in this case. In the event you wish to cancel your lasting power of attorney, you should also return all original documents to the Office of the Public Guardian.
What is the difference between lasting power of attorney and a deputyship order?
- Lasting power of attorney: is an application prepared by a donor, which gives authority to a chosen person(s) to make decisions on their behalf at a time when they are unable to do so.
- A deputyship order: is an application to the Court of Protection for a person to take authority to make decisions for someone who is unable to do so, at a time when they are unable to make those decisions (on a short or long-term basis).
Is my enduring power of attorney still valid?
A properly considered, prepared and registered enduring power of attorney is still valid provided the terms and people nominated are still relevant. This is a matter of personal choice.
How do I get power of attorney for a relative?
You cannot arrange power of attorney for someone else or on someone else’s behalf. A lasting power of attorney application can only be completed by the person wishing to instruct an attorney for their own affairs.
So, while you can assist in making arrangements to meet with a solicitor for a loved one; it is vital that the instructions for the application come directly from the person requiring the lasting powers of attorney.
Do I need a lasting power of attorney if I have Will?
A Will is only useful when a person has passed away. If you wish to provide instructions relating to your care, or how your assets should be handled or managed during your lifetime; you should prepare lasting powers of attorney.