A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone you know and trust – known as your Attorney – to make decisions on your behalf if you become unable to do so yourself.
An Lasting Power of Attorney must be registered with the Office of the Public Guardian before it can be used. There are two types of Lasting Power of Attorneys:
Creating an Lasting Power of Attorney does not take away your right to manage your own affairs. It simply provides reassurance that, should you lose capacity in the future, someone you trust will be able to act in your best interests.
If you lose mental capacity and do not have an Lasting Power of Attorney in place, your loved ones will need to apply to the Court of Protection to be appointed as your Deputy.
This process can be lengthy, expensive, and stressful.
By setting up an Lasting Power of Attorney now, you remain in control of who makes decisions for you, avoid unnecessary delays and costs, and give peace of mind to both yourself and your family.
An Ordinary Power of Attorney is only valid while you have mental capacity and is typically used for short-term arrangements, such as managing finances while you’re abroad.
A Lasting Power of Attorney continues to be valid if you lose mental capacity, ensuring your affairs are looked after in the long term.
A Property and Financial Affairs Lasting Power of Attorney can be used (with your permission) as soon as it is registered.
A Health and Welfare Lasting Power of Attorney can only be used if you lose the mental capacity to make those decisions yourself.
You can appoint anyone over 18 who you trust to act in your best interests – often a spouse, partner, family member, or close friend. It’s important that your Attorney is trustworthy, responsible and capable of handling important decisions.
Yes. You can appoint multiple Attorneys and decide whether they must act jointly (together) or jointly and severally (individually or together), depending on your preference.
Yes. As long as you still have mental capacity, you can revoke your Lasting Power of Attorney at any time.
Registration with the Office of the Public Guardian can take in excess of 12 weeks.
Without an Lasting Power of Attorney, your family will need to apply to the Court of Protection to appoint a Deputy to make decisions on your behalf. This can take several months and is considerably more expensive and complicated than setting up an Lasting Power of Attorney in advance.
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