Lasting powers of attorney are legal documents which allow you to appoint someone to act on your behalf known as your attorney. Your attorney will be able to make decisions on your behalf even if you lose capacity in the future.
There are two forms of LPA:
- Property and Financial Affairs – this allows your attorney to manage your finances on your behalf. This can be used once it has been registered even though you are still mentally capable.
- Health and Welfare – this allows your attorney to make decisions on your behalf when you are no longer able to with regard to your care, where you live, health decisions etc.
You will need to have the ability to understand the document so it is always advisable to complete LPAs sooner rather than later.
Before the LPAs can be used, they will also need to be registered with the Office of the Public Guardian.
Court of Protection
If someone needs assistance in managing their affairs but they are unable to understand or choose their own attorneys by completing an LPA, it will be necessary to make an application to the Court of Protection.
The court will appoint someone, known as a deputy, to act on their behalf in a similar way to that of an attorney.
Enduring Powers of Attorney (EPAs)
This type of power of attorney could only be made until 30th September 2007. However, all EPAs made before then are still valid and work in a similar way to LPAs.
The document itself does not need to be registered with the court until the person, who made it, the donor, loses the mental capability to manage their financial affairs. It is the attorney’s duty to register the EPA if and when the donor can no longer manage their affairs.
Visit the Care & Court of Protection Department
Our lawyers’ recent experience includes:
Advising on IHT planning for high net worth clients making wills, trusts and undertaking succession planning. Assisting with LPAs so clients can continue to have their affairs looked after without needing direct intervention by the court of protection. . Advising when required as to the impact of care home fees.
Acting as attorney for clients under an LPA or EPA to ensure their affairs are managed properly.