If you haven’t got a Lasting Power of Attorney (LPA) you should definitely think about getting one.
What is an LPA?
A LPA is an important document that allows you to plan ahead and choose the people you would like to take control of your affairs when you lack the mental capacity to do this yourself or no longer wish to make decisions about these matters.
Who can make one?
Anyone who is aged over 18 and who has the necessary mental capacity can make an LPA. This means that you are deciding for yourself that you wish to make an LPA and you understand what this means.
Who can be an attorney?
You can choose whoever you want to be your attorney as long as they are over 18. It is important to carefully consider who you wish to appoint. It must be someone you know you can trust to make important decisions on your behalf, and whether that person is reliable and suitable for the role. You can have more than one attorney.
The two types of LPA
There are two different types of LPA:
• Property and Financial Affairs LPA
This allows your chosen attorney to take a range of actions in dealing with your property and financial affairs. For example, this could include selling a property, withdrawing money from your bank accounts, paying bills on your behalf or dealing with your investments.
• Health and Welfare LPA
This will allow your chosen attorney to make decisions about your personal welfare. For example, this could include deciding on where you should live, arranging medical treatment and consequently consenting or refusing such treatment on your behalf, and making a decision to turn off a life support system, or refuse life-saving treatment on your behalf.
Completing the forms and registration of the LPA
There are two forms that need to be completed for the two separate types. Both include guidance notes which are extremely useful and should be read carefully.
The Office of the Public Guardian (OPG) is responsible for the registration of LPAs. The current fee to register an LPA is £110.
The above represents only a general explanation about the LPA and the effect of making one. At HA Law we can offer our assistance. If you would like to discuss the options and requirements in connection with this matter please email info@ha-law.co.uk or telephone 020 7788 7654 to speak to a HA Law Partner.
