Putting in place a power of attorney can feel overwhelming, but if you understand the basics, it can help you make the right choices about your future. Here are the most frequently asked questions about Lasting Power of Attorney.
What Is a Lasting Power of Attorney?
An LPA is a legal document that lets you choose someone to make decisions for you if you become unable to do so. This person, known as your ‘attorney’, can be given authority to make decisions over your property and finances, your health and welfare or both through separate LPA documents.
What Types of LPA Are Available?
There are two types of LPA: a Property and Finances LPA covers decisions about money, including paying bills, managing bank accounts and selling property; a Health and Welfare LPA deals with medical care, daily routines and end-of-life treatment decisions. You can create one or both types, depending on what you need.
Who Can Be Chosen as an Attorney?
Your attorney must be 18, and they must have the mental capacity to make their own decisions. For property and finances LPAs, they cannot be bankrupt or under a Debt Relief Order. Lots of people choose trusted family members or friends, but you can also appoint a professional like a solicitor. You can create a power of attorney online, like the examples seen at https://powerofattorneyonline.co.uk.
When Does an LPA Become Active?
A Health and Welfare LPA only becomes active if you lose mental capacity, but a Property and Finances LPA can be used immediately after registration – but only if you give permission while you have capacity.
What Does ‘Mental Capacity’ Mean?
Mental capacity is your ability to make decisions. According to UK law, someone lacks capacity if they cannot understand or retain information or they cannot communicate their choice.
Why Should I Make an LPA?
Creating an LPA gives peace of mind and protects your interests. Without one, your loved ones would need to apply to the Court of Protection to become your deputy, which is a process that is expensive and time-consuming.
