What is a lasting Power of Attorney?

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document in the United Kingdom that allows an individual to appoint someone else to make decisions on their behalf if they are no longer able to do so themselves. This can provide peace of mind, knowing that a trusted person will manage their affairs when they are not in a position to make decisions independently.

Types of Lasting Power of Attorney

There are two main types of LPAs in the UK:

• Health and Welfare LPA: This type of LPA allows the appointed attorney to make decisions regarding the individual's healthcare and personal welfare. This may include decisions about medical treatment, living arrangements, and daily care. This LPA can only be used when the individual lacks the mental capacity to make decisions themselves.
• Property and Financial Affairs LPA: This LPA enables the appointed attorney to manage the individual's financial matters. This can include paying bills, managing bank accounts, and buying or selling property. Unlike the Health and Welfare LPA, this LPA can be used even if the individual still has mental capacity, if they choose to permit it.

Setting Up a Lasting Power of Attorney

To set up an LPA in the UK, the individual must complete the relevant LPA forms and register them with the Office of the Public Guardian (OPG). The forms can be downloaded from the UK government website or completed online. The process involves the individual appointing one or more attorneys, having the form witnessed and signed by the person acting as the certificate provider (who confirms that the individual understands the LPA and is not being pressured into making it), and submitting the form to the OPG along with the registration fee.

The Role of the Attorney

An attorney appointed under an LPA has a duty to act in the best interests of the individual they are representing. They must follow the principles set out in the Mental Capacity Act 2005, which includes considering the individual's past and present wishes, encouraging their participation in decision-making as much as possible, and not taking advantage of the position for personal gain.

Revoking a Lasting Power of Attorney

An LPA can be revoked by the individual at any time, as long as they have the mental capacity to do so. This must be done in writing and the revocation must be registered with the OPG. An LPA will also be automatically revoked if the individual or the attorney dies, the attorney becomes bankrupt (for Property and Financial Affairs LPA), or the attorney loses mental capacity.

Having a Lasting Power of Attorney in place can provide reassurance that trusted individuals are legally recognised to make important decisions if one's own ability to do so becomes compromised.