Making decisions for yourself when you’re no longer able to can be a daunting task. That’s why so many people choose to appoint a lasting power of attorney (LPA). This guide will tell you everything you need to know about LPAs, including what they are, how they work and the different types available. We’ll also discuss who can act as an LPA and what happens if someone is no longer able to make decisions on their own behalf. So, whether you’re thinking of appointing an LPA or are just curious about them, read on for all the information you need!
What is lasting power of attorney?
A lasting power of attorney (LPA) is a legal document that gives someone else the authority to make decisions on your behalf. This can be in relation to your property and financial affairs or your personal welfare, including your health and medical treatment. LPAs can only be used when you’re no longer able to make decisions for yourself, either because you’ve lost mental capacity or because you’ve physically lost the ability to communicate your wishes.
What does a Lasting Power of Attorney allow you to do?
An LPA allows you to appoint someone else (known as an “attorney”) to make decisions on your behalf. You can choose to give them authority over all aspects of your life or just specific areas, such as your finances or healthcare. You can also specify how you want them to make decisions on your behalf, for example, whether they need to consult with other people before making a decision or whether they can act independently.
What is the difference between power of attorney and Lasting Power of Attorney?
A lasting power of attorney (LPA) is a legal document that gives someone else the authority to make decisions on your behalf, even if you lose mental capacity. A regular power of attorney only lasts until you lose mental capacity.
What are the two types of Lasting Power of Attorney?
There are two types of lasting power of attorney: property and financial affairs LPAs and personal welfare LPAs.
Can I do Lasting Power of Attorney myself?
No. LPAs must be set up by a solicitor, although you don’t need to use a solicitor if you’re using the government’s lasting power of attorney service.
Who appoints a power of attorney?
You must appoint someone yourself. This person can be anyone over the age of 18, including your spouse or civil partner, a family member, friend or professional advisor.
Do you need a solicitor to appoint a power of attorney?
No, but it’s advisable to use one as they can give you guidance on the process and ensure that everything is done correctly. If you’re using the government’s lasting power of attorney service, you won’t need to use a solicitor.
How long does it take to be appointed power of attorney?
It can take several weeks to appoint someone as your lasting power of attorney. This is because the application must be sent to the Office of the Public Guardian (OPG) for approval.
Does the power of attorney need to be registered?
Yes, all lasting powers of attorney must be registered with the OPG before they can be used. This is to protect you and make sure that only legitimate LPAs are used. The registration process can take up to 12 weeks, so you should apply as soon as possible if you think you might need an LPA in the future.
What requirements are needed for a lasting power of attorney?
To set up a lasting power of attorney, you must:
- Be 18 or over
- Have mental capacity to make the decision (this means being able to understand the nature and effect of an LPA)
- Appoint someone you trust to act on your behalf
- Sign the document in front of a witness
Do I need a lasting power of attorney if I have a will?
No, but it’s a good idea to have both. A will only comes into effect after you die, whereas an LPA can be used as soon as it’s registered. This means that if you lose mental capacity, there will be someone in place who can make decisions on your behalf. If you don’t have an LPA and you lose mental capacity, your family will have to apply to the court to be appointed as your deputies. This can be a long and expensive process.
Setting up a lasting power of attorney is a big decision, but it’s one that could make things much easier for your loved ones if something happens to you. We hope this guide has helped you understand the basics of LPAs and how they work. Contact Mark Reynolds Solicitors for more information.