Do I Need To Consider Having A Lasting Power Of Attorney?

In truth, it is well advised that everyone should consider having a Lasting Power of Attorney. Even though it is uncomfortable to think about, for many of us, there will sadly come a time whereby we no longer have the mental capacity to handle our own affairs whether this is due to illness, injury or old age.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document which permits an individual (known as the donor in legal terms) to appoint a trusted friend or family member (known as the attorney in legal terms) to handle all of their affairs, and to make decisions on their behalf which are in the donor’s best interest.

LPAs are used most commonly once a donor no longer possesses the mental capacity to manage their affairs.

There are two different types of Lasting Power of Attorney:

1. Property and Financial Affairs LPA – this allows an attorney to manage the donor’s finances. For example, their bank accounts, investments, household bills, purchases or the sale of property.

2. Health and Welfare LPA – this allows an attorney to manage and make decisions on matters such as daily care, health care, medical treatment, general welfare and/or living arrangements.

How does it work?

A person must possess mental capacity at the time of creating an LPA. If a person has lost capacity, they cannot create an LPA and someone would need to apply for a Deputyship Order through the Court of Protection.

Once the LPA has been drawn up, it must be registered with the Office of the Public Guardian (OPG). The Lasting Power of Attorney may be activated either when the donor has lost mental capacity, or be activated immediately. This decision is completely the donor’s choice and best to be spoken through with a legal advisor if they are unsure.

The donor can also include in the LPA any wishes or conditions as to what the attorney is permitted to do under the Lasting Power of Attorney.

The Private Client Department at George Green LLP specialises in making Lasting Powers of Attorney and associates within the team are members of the Association for Lifetime Lawyers (formerly Solicitors for the Elderly) the membership organisation for specialist solicitors who support older and vulnerable people.

Contact us

If you or a family member or friend would like to make an appointment or require advice in connection with an LPA, then please get in touch with our Private Client team on 01384 410 410 or complete our online enquiry form. We have offices in Cradley Heath, Wolverhampton and Sutton Coldfield.