A Lasting Power of Attorney (LPA) is a legal document that allows you to choose someone to make decisions on your behalf, including if you were to lack the mental capacity to make the decision yourself.
An LPA has to be made whilst you still have capacity. It cannot be used until it has been registered with the Office of the Public Guardian.
The person making a LPA is referred to as the “Donor”. The person or people chosen to make decisions on your behalf are known as your “Attorneys”. An Attorney can be anyone over the age of 18; e.g. a spouse, a relative, a friend, a professional, such as a Solicitor.
There are two types of LPA:
- Property and Financial Affairs – This allows an attorney to make decisions regarding paying bills, dealing with bank accounts, selling your house etc.
- Health and Welfare – This allows an attorney to make decisions on where you live, medical treatment, care etc.
You can make one type of LPA or both. The Health and Welfare LPA can only be used when you do not have the capacity to make your own decision.
The Property and Financial Affairs LPA, once registered can be used immediately, unless a restriction has been placed upon it meaning it cannot be used until you have lost capacity.
For more information on making an LPA visit www.gov.uk/power-of-attorney/overview
For an appointment at our Barrow-in-Furness office, please telephone us on 01229 820297