A lasting power of attorney is a legal document that allows someone to choose other people who they want to make decisions on their behalf including when they lack mental capacity to make the decision themselves. It is completed while the person still has capacity.
It cannot be used before it has been registered with the Office of the Public Guardian. It can be used immediately after registration unless the person making the LPA has included a restriction that means that it cannot be used until they have lost capacity.
The person making the lasting power of attorney is referred to as the ‘donor’. The people chosen to make decisions on your behalf are your ‘attorneys’. The lasting power of attorney is generally referred to as an LPA for short.
There are two types of LPA: Property and Financial Affairs (allowing an attorney to make decisions about paying bills, dealing with the bank, collecting benefits, selling your house, etc.); and Health and Welfare (allowing decisions on treatment, care, medication, where you live, etc.). This guidance covers Property and Financial Affairs LPAs only. If you want to make a health and welfare LPA please contact us.
Lasting Powers of Attorney replaced Enduring Powers of Attorney with effect from 1 October 2007. The procedure for making an LPA includes several safeguards that were not applicable to Enduring Powers of Attorney. Enduring Powers of Attorney made prior to 1 October 2007 remain valid however no new Enduring Power of Attorney can be made since that date – a Lasting Power of Attorney must be made instead.
Please get in touch if you have any questions or we can be of any further assistance.