What is Lasting Power of Attorney?

Lasting Power of Attorney is an important legal tool. It helps to protect your interests in the event that you are no longer able to make decisions for yourself.

But Lasting Power of Attorney has a range of very serious implications that you must understand before beginning the process.

What does Lasting Power of Attorney mean?

A Lasting Power of Attorney (LPA) is a legal instrument that involves appointing an ‘attorney’ who is able to make decisions on your behalf. These decisions might range from healthcare to financial matters.

LPAs can be useful in a range of different circumstances. Some people use them when they are diagnosed with a degenerative disease, in order to ensure that they will be properly provided for. Others choose to delegate legal powers when they simply do not want to exercise them themselves, often in the case of legal matters.

Who Can Make One?

An LPA can be made by anyone over the age of 18. You must be able to show, however, that you have the mental capacity to do so – basically, that you are in sound mind. You must also be able to show that you have not been coerced into making the LPA. In order to prove this you must have a ‘certificate provider’ make a statement saying that, as far as they can tell, you have made the decision free from outside influence, and that you have sufficient mental capacity.

What are the Two Types of LPA?

There are two separate types of LPA: health and welfare, and property and financial affairs. It is important that you understand the distinction between the two.

A health and welfare LPA gives your appointed attorney the ability to make decisions about a range of specified aspects of your health and welfare. This might include the medical treatment you are given, the place in which you live, and whether or not you are given ‘life-sustaining’ treatment. Health and welfare LPAs come into force once they are registered with the Office of the Public Guardian, and you no longer have the mental capacity to make decisions for yourself.

A property and financial affairs LPA gives your appointed attorney the ability to make decisions about your financial or property-related affairs. For example, you might choose to allow them to decide whether or not your house should be sold, or which bills get paid first. Property and financial affairs LPAs come into force as soon as they are registered.

Can I Revoke an LPA?

Yes. You can revoke a Lasting Power of Attorney at any point, provided that you can show that you still have the mental capacity to act.

You can revoke either type of LPA by notifying the Public Guardian, and your appointed attorney. Property and affairs LPAs are automatically revoked in the event that either you or your appointed attorney is declared bankrupt.

Making a Lasting Power of Attorney is a major step with significant implications that could last for the rest of your life. You should therefore make sure that you seek legal advice before continuing if you are in any doubt.