Lasting powers of attorney are legal documents that enable individuals to appoint someone to make decisions on their behalf in case they become mentally or physically incapacitated. These documents play a crucial role in ensuring that an individual's affairs are managed according to their wishes when they are unable to do so themselves. For example, a person may grant a lasting power of attorney to a trusted friend or family member to make medical decisions if they become incapable.
Definition and Purpose
- Lasting Power of Attorney (LPA): An LPA is a legal document that grants an individual (the donor) the ability to designate one or more trusted persons (attorneys) to manage their affairs in the event they lack mental capacity.
- Two Types of LPA: There are two main types of LPAs: Property and Financial Affairs LPA, which covers decisions related to assets and money, and Health and Welfare LPA, which addresses medical and personal care decisions.
Key Elements of LPAs
- Donor:The donor is the person who creates the LPA. They must have mental capacity at the time of creation.
- Attorneys: Attorneys are individuals entrusted with making decisions on the donor's behalf. They must act in the donor's best interests and follow the donor's instructions.
- Mental Capacity: The LPA can only be used when the donor lacks mental capacity, and a registered medical professional must confirm this.
Creating an LPA
- Choosing Attorneys:Select individuals you trust implicitly as your attorneys. You can appoint more than one attorney, and you can specify when and how they should act.
- Completing LPA Forms: LPA forms are available from the Office of the Public Guardian (OPG). They must be completed with the assistance of a certificate provider, who confirms that you understand the purpose and implications of the LPA.
- Registration: The completed LPA forms must be registered with the OPG. The process can take several weeks, so early registration is advisable.
- Notifying People: You should inform key people, such as close family members, that you've created an LPA.
Scope of LPAs
- Property and Financial Affairs LPA: This LPA allows your attorney to manage financial matters, including paying bills, managing bank accounts, and selling property, on your behalf.
- Health and Welfare LPA: This LPA grants your attorney the authority to make decisions about your medical treatment, living arrangements, and day-to-day care.
When LPAs Come into Effect
- Mental Incapacity: LPAs can only be used when the donor lacks mental capacity, and this is confirmed by a registered medical professional.
Challenges and Disputes
- Disagreements: Disputes may arise among attorneys or between attorneys and family members regarding the donor's best interests and decisions made on their behalf.
Legal Assistance and Expertise
- Seeking legal advice when creating an LPA is highly recommended, especially when dealing with complex financial or healthcare matters.
- Legal professionals can guide you through the process, ensure that the LPA complies with legal requirements, and help you choose attorneys who will act in your best interests.
- Legal assistance is particularly valuable in LPA matters to ensure that the document is valid and robust, and that your wishes will be respected in the event you lose mental capacity.
