Why is a Lasting Power of Attorney important?
Why is a Lasting Power of Attorney important?
Lewis Thompson Associate Solicitor at Booth Ince and Knowles Solicitors discusses the importance of Lasting Power of Attorney documents.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney otherwise referred to as an ‘LPA’ is a legal document drafted and registered in a person’s lifetime to appoint person(s) they trust to act on their behalf should they become incapable of acting for themselves.
How many types of Lasting Power of Attorney are there?
There are two types of Lasting Power of Attorney documents. These are Health & Welfare and Property & Finance. There are distinctions between the two.
A Health & Welfare Lasting Power of Attorney allows your Attorney(s) to make decisions in relation to things such as but not limited to:
- Doctors;
- Prescriptions and medication;
- Choice of care home;
- Diet;
- End of life treatment;
- Choice of residence;
- Hospital appointments.
A Property & Finance Lasting Power of Attorney allows your Attorney(s) to make decisions in relation to things such as but not limited to:
- Money;
- Finances;
- Property;
- Pensions;
- Investments;
- Bills;
- Expenditure;
- Insurance;
- Care fees.
A Property & Finance Lasting Power of Attorney can be used by your Attorney(s) not only if you should lose mental capacity but if you should still have mental capacity and still be happy for them to act on your behalf. This may be if you are unable to speak over the phone, leave the house or should you not wish to deal with internet banking for instance.
How many Attorney(s) can I appoint?
We would recommend that you appoint up to four Attorneys. You can choose between your Primary Attorneys and Replacement Attorneys.
Primary Attorneys will act for you in the first instance and as soon as you would like for them to do so.
Replacement Attorneys can step in to act for you if one of your Primary Attorneys should be unable to act for you, should be unwilling to act for you or should they predecease you.
Can I choose how my Attorney(s) can act?
Yes. You can choose exactly how you wish for your Attorney(s) to act on your behalf. First and foremost your Attorneys must always act in your best interests, they must act in conjunction with the LPA document itself and in line with the principles of the Mental Capacity Act 2005 including the Mental Capacity Act Code of Practice.
You can determine if your Attorneys should act jointly or if they can act independently of each other on your behalf (severally). You can direct that they have to make some decisions on your behalf jointly and some decisions independently should you wish to for them to do so.
Preferences and instructions can be included within your LPA providing your Attorneys with a specific indication as to how you wish for them to act in certain circumstances. Your Attorneys don’t have to follow your preferences but they should of course keep them in mind. Your Attorneys will have to follow any instructions that you give however, exactly as they are set out.
Is there a difference between an Enduring Power of Attorney and a Lasting Power of Attorney?
The main difference between an Enduring Power of Attorney and a Lasting Power of Attorney is that an Enduring Power Attorney can now only ever be registered and not created.
Enduring Powers of Attorney were the prevailing document for the appointment of Attorneys prior to 1st October 2007. All Attorney appointments created and registered after 1st October 2007 are now done so by way of a Lasting Power of Attorney.
If you still have an Enduring Power of Attorney in place you can still register this should you wish to do so but you can no longer create a new Enduring Power of Attorney.
If you have an EPA at present and wish to consider instead drafting and registering a Lasting Power of Attorney, you should speak to a solicitor to check if the Enduring Power of Attorney is still fit for its purpose.
What is the Office of The Public Guardian?
You register your Lasting Power of Attorney documents with the Office of The Public Guardian in order for them to become valid and available for your Attorney(s) to use should you wish for them to do so.
The Office of The Public Guardian is the government body responsible for overseeing and maintaining the register for LPAs, Attorneys, and Deputies.
