A Lasting Power of Attorney (LPA) is a legal document in the UK that allows an individual (known as the donor) to appoint one or more trusted individuals (known as attorneys) to make decisions on their behalf if they lose the capacity to do so. This document ensures that the donor’s wishes and best interests are upheld, even in challenging circumstances.
Types of Lasting Power of Attorney
Lasting Power of Attorney UK is divided into different categories. You are advised to clear your doubts before preparing for the Lasting Power of Attorney.
Health and Welfare Lasting Power of Attorney
This type of Lasting Power of Attorney allows the appointed attorney(s) to make decisions regarding the donor’s healthcare, medical treatment, and living arrangements. It covers areas such as consenting to or refusing specific treatments, choosing a care home, and making end-of-life decisions.
Lasting Power of Attorney for Property and Financial Affairs
This type enables the attorney(s) to manage the donor’s finances, such as paying bills, managing bank accounts, collecting pensions, and selling property if necessary. It can come into effect immediately or only if the donor loses mental capacity, depending on the donor’s preference.
The Importance of an LPA
The Lasting Power of Attorney ensures that your chosen attorney(s), who understand your preferences and values, make decisions on your behalf. Without this, decisions may fall to professionals or family members who may not be familiar with your wishes.
Prevents Delays and Legal Complications
If you lose mental capacity without lasting power of attorney in place, your loved ones would need to apply to the Court of Protection to become a deputy. This process is time-consuming, costly, and may lead to decisions being made by someone you wouldn’t have chosen. Knowing that your affairs will be managed by trusted individuals in line with your wishes provides reassurance for both you and your loved ones. It removes uncertainty and stress during potentially difficult times.
Safeguards against Fraud and Mismanagement
The lasting power of attorney system includes safeguards to protect donors, such as requiring a certificate provider to confirm that the donor understands the lasting power of attorney and is not under duress. Attorneys also have a legal duty to act in the donor’s best interests.
How to Set Up Lasting Power of Attorney
Following a few steps will ease the procedure of creating lasting power of attorney. You have to choose your attorney, mainly select trustworthy individuals who understand and respect your preferences.
The next step is to complete the form available online through the Office of the Public Guardian (OPG).
Now, submit the completed form to the OPG, along with the registration fee. Registration is essential for the lasting power of attorney to be valid. You have to discuss your decisions with your attorneys to ensure clarity.
Summary: A Lasting Power of Attorney is a crucial tool for safeguarding your future and ensuring that your affairs are handled according to your preferences. By acting proactively to establish an LPA, you protect yourself and provide peace of mind for your loved ones.
