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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.
Frequently Asked Questions
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that lets you appoint one or more individuals to help you make decisions or to make decisions on your behalf if you lose the mental capacity to do so.
What are the types of LPA?
There are two types of LPA: Property and Financial Affairs LPA, and Health and Welfare LPA.
Who can make an LPA?
Anyone aged 18 or over with mental capacity can make an LPA.
Who can act as an attorney?
An attorney must be aged 18 or over, have mental capacity, and be someone you trust. They can be a relative, a friend, a professional, or your spouse or partner.
How do I register an LPA?
To register an LPA, you need to submit the completed forms to the Office of the Public Guardian (OPG) along with the registration fee.
When does a Property and Financial Affairs LPA come into effect?
A Property and Financial Affairs LPA can be used as soon as it is registered with the OPG, with your permission.
When does a Health and Welfare LPA come into effect?
A Health and Welfare LPA only comes into effect when you lose the mental capacity to make decisions.
Can I cancel an LPA?
Yes, you can cancel an LPA as long as you have the mental capacity to do so.
What if there are disputes about decisions made by the attorney?
Disputes can be resolved by the Court of Protection, which has the authority to make decisions regarding LPAs.
Do I need a solicitor to make an LPA?
You do not need a solicitor to make an LPA, but having legal advice can be beneficial to ensure that the document meets all legal requirements.
How much does it cost to register an LPA?
The registration fee for each LPA is £82. However, you might be eligible for a reduction or exemption based on your financial circumstances.
Can my attorneys make gifts on my behalf?
Attorneys can make limited gifts on your behalf, such as birthday or Christmas gifts to family members, if it is in your best interests and within certain guidelines.
What happens if my attorneys cannot agree on a decision?
If attorneys cannot agree and the LPA doesn't state how to resolve disputes, the matter may need to be referred to the Court of Protection.
Can an LPA be used outside the UK?
An LPA is primarily for use within the UK. You would need to check the legal requirements of the specific country for it to be recognised abroad.
What is the role of the Office of the Public Guardian?
The Office of the Public Guardian (OPG) registers LPAs and oversees the actions of attorneys to ensure they act in the best interests of the donor.
Useful Links
Useful links from: Helen Starkie, Solicitor, Bath, UK
- NHS - Find a Solicitor Find solicitors near Bath, UK, including Helen Starkie, via the NHS service search feature.
- Age UK - Legal Advice Age UK provides legal advice and support to older residents in Bath, UK. You can find information about solicitors such as Helen Starkie.
- Mind - Legal Rights Mind offers information on legal rights and local solicitors who specialize in mental health law, including options around Bath, UK.
- Citizens Advice - Find a Solicitor Citizens Advice provides guidance on finding free or affordable legal help, including solicitors like Helen Starkie in Bath, UK.
Useful links from: What is a Power of Attorney?
- NHS - Power of Attorney NHS page explaining what a Power of Attorney is, its importance, and how it is used, especially in end-of-life care.
- Age UK - Legal Issues: Power of Attorney Age UK provides comprehensive information on Power of Attorney, including the different types, how to set one up, and frequently asked questions.
- Citizens Advice - Power of Attorney Citizens Advice offers detailed guidance on managing affairs for someone else, including setting up a Power of Attorney, responsibilities, and how to get help.
- Alzheimer's Society - Lasting Power of Attorney The Alzheimer's Society provides targeted information on Lasting Power of Attorney, tailored to the specific needs of those affected by dementia.
Useful links from: Helen Starkie, Bath Solicitor for Wills and Probate Law
- NHS - Wills Official NHS guide on making a will, including why it's important, what to include, and how to get it written.
- Age UK - Making a Will Age UK's resource on making a will, providing advice for older people on how to ensure their wishes are followed after death.
- Citizens Advice - Wills Citizens Advice provides detailed information about making a will, the different types of wills, who can make one, and the role of executors and probate.
- Macmillan Cancer Support - Writing a Will Macmillan Cancer Support offers guidance on writing a will, especially useful for those dealing with a cancer diagnosis and planning their estate.
Useful links from: What Is A Power of Attorney
- NHS - Power of Attorney Information about what a power of attorney is, why you might need one, and how to set one up from the National Health Service (NHS).
- Age UK - How to set up a Power of Attorney Age UK provides detailed guidance on how to set up a power of attorney, including the different types and why they are important.
- Mind - Power of Attorney Mind offers information about power of attorney specifically in the context of mental health, including how to make decisions and support available.
- Citizens Advice - Using a Power of Attorney Citizens Advice provides practical help and advice on using a power of attorney, the responsibilities involved, and how to resolve any issues that may arise.
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