This is where a person nominates trusted individuals who they would like to be able to
act on their behalf in the event that they lack the ability to do so. The intention being that this will apply in many potential circumstances.
Each LPA has to be registered with the Office of Public Guardian (OPG) in order to be
effective.
Once registered the LPA lasts for the persons life or until it is revoked. The person
making a lasting power of attorney is known as the Donor, while the persons appointed are each an Attorney and if more than one all are Attorneys. The LPA terminates automatically on the death of the Donor.
Choosing your Attorney
You decide who you wish to appoint as your Attorney (s), each Attorney should be
someone who you trust and who you believe has your best interests at heart and also
who has the ability to act as your attorney.
It is usual to appoint at least 2 and not more than 4 Attorney (s).
How can your Attorneys act
When you appoint your Attorney (s) you decide if:
A – each Attorney is able to act alone, (JOINTLY AND SEVERALLY) OR
B – if all your attorneys have to agree before any one of them can act (JOINTLY).
If all your attorneys have to act jointly then if any one of them were to lose capacity or
die, then none of the attorneys would be able to act, and the LPA would in effect cease
to be effective.
The Effect of an LPA
A lasting power of attorney allows the attorney to act and speak or make
representations on behalf of the Donor in circumstances where the Donor cannot do an
act or speak for themselves. This might be because the Donor is unable to be physically
present, or has lost mental capacity, or perhaps they are receiving medical treatment.
There are 2 different LPA:
1 Health and Care:
This allows the Attorney (s) to make decisions about matters such as your living
arrangements, and your diet, or the degree of care which is to be provided, but also
may allow them to make decisions whether to agree to or refuse medical treatment on
your behalf and potentially whether to continue or cease medical care. They can speak
to your doctors as if they are you.
These decisions could be potentially significant and it is one of the reasons why you
should be careful about the persons who you decide to appoint as your attorney (s).
2 Finances:
This allows the Attorney (s) to manage your financial affairs, not only simple things like
paying your bills (using your money), but also completing forms to claim benefits you
are entitled to, and also buying and selling assets or items needed by you and possibly
selling your property.
How we can assist:
At Wilson & Bird we are familiar with creating Lasting Powers of Attorney and can help you to complete the forms and eventually submit them on your behalf to the OPG for registration.
We can advise you on the decisions to be made, but ultimately the decision has to be
yours.
If you would like to discuss making an LPA and the various options available to you, then contact us and we can make a fixed fee appointment to discuss this.
However if you have made your decision to make an LPA, then book an appointment
and you will be asked to provide various information required so we can assist you with
the completion of the forms and act as a witness.