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Lasting Powers of Attorney
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What is an LPA?
A Lasting Power of Attorney (LPA) is a document which allows other people chosen by you to act on your behalf.
There are two types of Lasting Power of Attorney and you may make either one or both. The first is a Property & Affairs LPA and the other is called a Personal Welfare LPA.
Property & Affairs LPAs – these allow your Attorneys to make decisions such as the buying and selling of property, operating a bank account, dealing with tax affairs and claiming benefits.
Personal Welfare LPAs – these cover decisions such as where you should live, consenting to or refusing medical treatment on your behalf and day to day care. This only takes effect if you are unable to make these decisions for yourself.
The LPA for Property and Affairs can be used whilst you have capacity, for instance if you were out of the country, and also continues after your mental capacity has been lost.
An LPA can be made by anyone who understands the nature of the document they are signing and should be made by someone well in advance of the LPA actually being needed.
The LPA cannot be used until it has been registered with the Office of the Public Guardian. There is a Court fee payable which is £150 for each LPA. If you have income of less than £16,000 the fee may be reduced.
Why should I bother?
No one can predict the future; an LPA can be used as an “insurance policy” so that should you become mentally incapacitated you have your legal affairs in order. It ensures that you choose who will be your Attorney and not the Court.
Who can make an LPA?
Anyone who is over 18 and understands the effect of the document can make an LPA.
Who can be an Attorney?
Anyone can be an Attorney provided that they are over 18: it is usually a spouse, relative or friend who is reasonably local to the Donor and has their interests at heart.
What if I change my mind?
LPAs maybe revoked or altered at any time provided you still have sufficient mental capacity.
When will the LPA become operational?
The LPA is operational from the date on which it is registered. A restriction maybe entered so that a Property and Affairs LPA will not become operational until you become mentally incapable. However it might be prudent for the LPA to be operative if he/she was physically very ill or away abroad.
A Personal Welfare LPA would only be operational if you were unable to make your own decisions.
I have an Enduring Power of Attorney, do I need a LPA?
No. If you have made an Enduring Power of Attorney and it still reflects your wishes you do not need to make an LPA to deal with your financial affairs, however you should still consider whether you would like to make a Personal Welfare LP.
If you have any enquiries or would like to speak to a member of the Wills, Trusts and Probate Department please click on one of the names below: