Lasting Power of Attorney (LPA) in England
and Wales
A Lasting Power of Attorney is a legal document
that lets you appoint someone you trust to act as an ‘attorney’
to make decisions on your behalf should you lose capacity due
to problems such as stroke, dementia or Alzheimer’s’.
It can be drawn up at any time while you have capacity, but it
has no power until it is registered with the Office of the Public
Guardian.
A Personal Welfare LPA allows you to choose someone to make decisions
about your healthcare and welfare. This includes decisions to
refuse or consent to treatment on your behalf and deciding where
you live. You may appoint one or two Attorneys and you may also
select a further person in reserve (in case one of the main Attorneys
is unable to carry out the task at the time). This type of LPA
can be registered and used only when you have lost the capacity
to act for yourself.
How many people
should you appoint and who should you pick?
You may not be able to check up on the attorney
yourself if you become incapable, so it may be a good idea to
appoint more than one person to help prevent abuse of the responsibility.
Choose people you can trust to act in your best interests. You
should consider how well they look after their own financial affairs
and whether you can trust them to use your money to meet your
needs.
Creating Your LPA
Legal Services UK Ltd. will visit you at home
and set up an LPA for you. We can also act as the Certificate
Provider (required by the Act to ensure that the person creating
the LPA is of sound mind and understands all the implications
involved). We visit you twice – the first time to explain
the document(s) in detail to you and ensure that it is appropriate
– the second to deliver the LPA(s) and make sure that they
are signed and witnessed correctly.
Why Create an LPA?
Nobody knows what the future holds. A Lasting
Power of Attorney is `insurance' against any problems that may
arise. Problems such as a stroke, Alzheimer's or Dementia can
strike at any time and if your LPA is already in place then your
Attorney may register it and help you. With legislation such as
the Data Protection Act, no-one can access accounts in your name
(such as bank accounts, ISAs, bonds, shares) without an LPA. Even
with jointly owned assets (such as a house) two signatures are
usually needed to sell – but your Attorney can sign on your
behalf. If you run a business then you should have an LPA in place
to appoint someone to take over should you lose mental or physical
capacity.
If it is never used, so much the better, however,
once registered it can be used straight away.
What happens if I don't have a Lasting
Power of Attorney?
Close friends and family (including your spouse/partner)
do not automatically have the right to take over.
The LPA has been created to ensure that whilst you are of sound
mind you can appoint someone you trust to look after your affairs
if it becomes necessary and it also means you won't have to pay
unnecessary expenses in the future.
Without an LPA, the Court of Protection will
appoint an Attorney to act on your behalf; this is often a high
street solicitor – with no hourly charges agreed. This process
takes time whilst bills cannot be paid, affairs cannot be looked
after and the cost of this process is very expensive when compared
to the cost of making your Lasting Power of Attorney.
Registering an LPA
Either you or your Attorney can apply to the
Public Guardian to register your LPA.
The application to register can be made at any time after you
have created and signed the LPA but the government does make a
charge for the registration’
For more information or to arrange a home visit
to discuss Lasting Power of Attorney contact Peter Childs of Legal
Services UK Ltd.
