A Lasting Power of Attorney (LPA) is an important legal document that allows someone you trust to make decisions on your behalf.
Understanding the ins and outs of LPAs can be challenging, with many people having questions about how they work, the benefits, and the process involved in setting one up.
Our expert team of Surrey solicitors have curated a list of commonly asked questions regarding LPAs.
What is a Lasting Power of Attorney?
An LPA is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf.
What is an ‘Attorney’ and ‘Donor’?
The ‘Donor’ is the person creating the LPA. They are giving instruction to allow other people or organisations to act on their behalf and to make decisions for them. in the case that they cannot make their own decisions (they ‘lack mental capacity’) through an accident or an illness or if they want someone else to manage their affairs for them.
An ‘Attorney’ is the person or organisation that has been delegated the responsibility to act on behalf of the Donor through the LPA.
What are the different types of Lasting Powers of Attorney?
There are two types of LPAs:
- Health and Welfare LPA: This covers decisions about your health and personal welfare, such as medical treatment and care decisions.
- Property and Financial Affairs LPA: This pertains to decisions about your finances, such as managing bank accounts, paying bills, and dealing with property matters.
How do I choose the right attorney?
Choosing the right attorney is an important decision. You may want to consider the following factors to ensure you select the best person for the role:
- Trustworthiness: Ensure they are trustworthy and have strong ethics.
- Reliability: Choose someone dependable and available to handle responsibilities promptly.
- Capability: Select someone competent in managing finances or health-related decisions.
- Communication: They should have good communication skills and be open to discussions.
- Relationship: Ideally, someone who knows you well and respects your wishes.
- Legal and Practical Considerations: Must be over 18, have mental capacity, and preferably live nearby.
- Willingness: Confirm they are willing and understand the responsibilities.
- Multiple Attorneys: Decide if you want joint or several attorneys and consider appointing replacements.
- Professional Guidance: Seek legal advice to ensure they understand their duties.
How do I set up a Lasting Power of Attorney?
The process of setting up an LPA begins with completing the necessary forms with details about you, your chosen attorney(s) and any specific instructions.
Once the forms are completed, they need to be signed by you, your attorney(s), and a certificate provider to confirm your understanding. The LPA should then be sent to the Office of the Public Guardian (OPG) for registration, along with the required fee.
Once registered, inform relevant parties and store the document safely for future use, to ensure peace of mind.
Should I use a solicitor when setting up my Lasting Power of Attorney?
A solicitor like Howell Jones can offer invaluable assistance by providing expert legal guidance and advice tailored to your individual circumstances.
They can help you understand the legal requirements, assist in completing the necessary forms accurately, and ensure compliance with all legal standards to prevent future challenges.
Additionally, a solicitor can handle the submission of your LPA for registration, monitor the process, and address any issues that may arise. They can also provide advice on appointing suitable attorneys, offer insights into other aspects of estate planning, and ultimately, provide you with peace of mind knowing that your LPA has been prepared correctly and legally sound.
Can I change or cancel my Last Power of Attorney?
Yes, you can change or cancel your LPA at any time, as long as you have the mental capacity to do so. To cancel it, you need to send a written notice, known as a ‘deed of revocation’, to the Office of the Public Guardian.
If you wish to amend details, such as changing your attorney, you will need to create a new LPA.
For more information, please contact our team of Lasting Powers of Attorney solicitors today.
