WHAT IS A LASTING POWER OF ATTORNEY?

 

A document that enables individuals (known as a donor) to appoint a person or persons (known as Attorneys) to look after their affairs in the event of mental and/or physical incapacity, perhaps due to infirmity in old age, illness or accident.

Why do I need to make a Lasting Power of Attorney now?

 

It is essential that such arrangements are made while fit and healthy since the Law does not allow such arrangements to be made after you are considered to have lost mental capacity.

Things to consider when Making a LPA

 

 

What happens without a Lasting Power of Attorney?

Should you become mentally infirm, or be physically unable to conduct your affairs a court has to decide who should manage your affairs. This may not result in the person you would trust most being appointed. In some instances it may be that the court appoints one of it’s own deputies as your Attorney, which can result in your affairs being dealt with in an impersonal manner.

What does a LPA cover?

A LPA can be drawn up to cover the management of financial affairs (called a Property & Financial Affairs LPA) and a second LPA (called a Health and Welfare LPA) to cover the management of personal matters such as medical care.

How do I know the Attorney will not abuse their powers?

A LPA is primarily used to appoint a person to deal with your affairs after the onset of mental and/or physical incapacity. However certain people who are selected by the Donor when drafting the LPA, have to be notified before the Power of Attorney can be used. Anyone can object if they are not happy with the reasons why the document is being brought into effect. Restrictions can be included on what the attorneys can and cannot do under the authority of the documents,and advice or guidance can be included by the Donor about how they would like the Attorney(s) to act. This enables you to entrust your affairs to someone you trust, AND to give then some guidance as to your wishes. In the absence of a valid LPA neither of these events may occur. When the LPA is signed, a certificate must be completed by a professional or someone who has known the donor for at least two years to confirm that the person making the document understands the meaning of the LPA and the consequences of their actions.