Lasting Power of Attorney

What is a Lasting Power of Attorney

An LPA is a Legal Document under which you (‘the Donor’) can appoint one or more persons (‘Attorneys’) to act on your behalf. Unlike a normal Power of Attorney which will cease to have effect when the Donor loses capacity, an LPA will continue to be effective should the Donor lose the mental capacity to make such decisions at some future time.

Why make an LPA?

It allows the Donor to specify in advance trusted family, friends or professionals to make decisions for them, should they ever lose the capacity to make those decisions themselves.

If they lost capacity and had no LPA, the Court would be required to either make the decision or appoint someone to make decisions for that person.

There is no inherent authority for the family of someone who loses capacity to manage their affairs which can result additional concern and worry for the family.

Since 1st October 2007 the Mental Capacity Act 2005 created two types of Lasting Powers of Attorney (LPAs), both of which Setfords Solicitors can help you with:

Personal Welfare LPA

This is a new development and under this power the Attorney can make decisions about the Donors health and Welfare such as

•     giving or refusing consent to medical treatment;
•     Where the Donor will live and with whom;
•     Being able to access personal information such as medical records;
•     Day to day decisions such as what the Donor wears, what they eat and how they spend their day.

Property & Affairs LPA

This replaces the old ‘Enduring Power of Attorney’ and like its predecessor allows the Attorney to make decisions relating to the Donor’s property and affairs such as:

•     buying or selling property,
•     managing investments,
•     running a business,
•     accessing and using your banks accounts, and obtaining financial information.

When to make an LPA

Many people do not consider what will happen to them when they loose capacity. Unfortunately by the time that they start to lose capacity to run their own affairs it is too late to create the LPA

Unlike the old Enduring Power of Attorney, before either type of LPA can be used, it must be registered with Office of the Public Guardian. However the LPA does not have to be registered immediately, therefore an LPA should be created sooner rather than later and held by the Donor until such time as they wish it to be or need it to be registered.

If having created the LPA the Donor changes their mind about who they wish as Attorneys or wishes to cancel the LPA, then even if registered they may cancel it at any time provided they have capacity to understand the ramifications of their decision.

How can Setfords help?

• If you would like to create a Lasting Power of Attorney, we can discuss this with you and draft the necessary documents.
• We will come to see you in your home so as to avoid the need to travel to see us if required
• We are able to act as Attorneys if the Donor wishes
• We are able to act as Certificate Providers
• We can advise the Attorney(s) on their duties, obligations and powers. We can also help you with any applications you are required to make to the Court of Protection.
• We can apply to the Court of Protection on behalf of the Donor or Attorney to register the Lasting Powers of Attorney –Currently the Registration fee charged by the Court is £150 per LPA
• We are also able to assist people with registering the old Enduring Powers of Attorney, which are still valid provided they were created before 1st October 2007

What does it cost and how can I find out more?

Our normal charges are broken down into two parts

Registration of the Lasting Power of Attoney (required in order for the LPA to be used by the attorneys)

* There is no VAT payable on this fee.

If you would like to discuss your requirements in more detail please contact us on 01483 408780 or e-mail info@setfords.co.uk