Powers Of Attorney
There are 3 types of Power Of Attorney: Lasting Power of Attorney,
Enduring Power of Attorney & Ordinary Power of Attorney.
What’s a Power of Attorney?
A power of attorney is a legal document in which someone (the donor) gives another person (the attorney) the right to help them make decisions, or take decisions on their behalf. There are 3 types of power of attorney: Lasting Power of Attorney, Enduring Power of Attorney & Ordinary Power of Attorney.
Lasting Power of Attorney
A lasting power of attorney (LPA) is a legal document in which someone (the donor) gives another person (the attorney) the right to help them make decisions, or take decisions on their behalf.
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There are two types of LPA:
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property and financial affairs, which can be made for both personal and business reasons
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health and welfare
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LPA’s let the donor choose people to look after their affairs if they lose mental capacity or develop, or think they may develop, an illness that may stop them making decisions for themselves, for example dementia or a brain injury.
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The donor can make one or both types of LPA. Donors should make an LPA while they have mental capacity.
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LPA’s can only be used once registered with the Office of the Public Guardian (OPG). OPG is a government body that keeps a register of LPA’s and investigates complaints against attorneys.
LPA for property and
financial affairs
This LPA can be used to appoint attorneys to make decisions such as buying and selling property, operating a bank account, dealing with tax affairs and claiming benefits.
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The donor can decide whether the LPA can be used as soon as it’s registered or once the donor has lost mental capacity.
LPA for health and welfare
An LPA for health and welfare can be used to appoint attorneys to make decisions on, for example where the donor should live, their day-to-day care (for example, diet and dress), who the donor should have contact with and whether to give or refuse consent to medical treatment.
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The LPA can only be used once the donor has lost mental capacity to make a personal welfare decision for themselves.
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An LPA is a powerful document and that before signing it you may wish to speak to any people you are considering appointing as your attorney, your GP and other relevant healthcare professionals.
Business LPAs
An LPA for health and welfare can be used to appoint attorneys to make decisions on, for example where the donor should live, their day-to-day care (for example, diet and dress), who the donor should have contact with and whether to give or refuse consent to medical treatment.
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The LPA can only be used once the donor has lost mental capacity to make a personal welfare decision for themselves.
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An LPA is a powerful document and that before signing it you may wish to speak to any people you are considering appointing as your attorney, your GP and other relevant healthcare professionals.
Mental Capacity
The donor must have mental capacity to make an LPA. Under the Mental Capacity Act 2005 (MCA 2005) someone is assumed to have mental capacity unless it can be proved otherwise.
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A diagnosis of a mental illness does not automatically mean that you cannot have an LPA. It may however mean that specialist medical opinion may be required from your GP or Consultant.
