News article published on: 20th June 2013
A Lasting Power of Attorney (‘LPA’) is a legal document that allows you (the donor) to appoint one or more persons, known as attorneys, to help manage your affairs if you are unable to do so.
There are two types of LPA:
Property & Financial Affairs
This allows your attorney to deal with your property and finances. This LPA can either be registered and used immediately or can be registered now with a restriction confirming that it cannot be used until a doctor has confirmed that you no longer have capacity to deal with your own affairs.
Health & Welfare LPA
This allows your attorney to make welfare and healthcare decisions on your behalf. This can extend, if you wish, to giving or refusing consent to continuation of life sustaining treatment. This LPA can be registered immediately but cannot be used until you have lost capacity.
It is never too early to think about preparing a LPA because if you do not require any help with your affairs at the moment, you can add a restriction confirming that it cannot be used until you no longer have the capacity to deal with your own affairs.
If anything were to happen to you and you did not have a LPA in place, your relatives would have to make an application to the Court of Protection to be appointed your Deputy. This means that you have no control over who manages your affairs and the process of becoming a Deputy is more time consuming and as a result, more expensive than making a LPA.
Every LPA must be registered with the Office of the Public Guardian before it can be used and until recently, the registration fee for each LPA was £130. The OPG have just reduced their registration fee (as of 1st October 2013) to £110 so now would be a good time to think about preparing a LPA.
For more information on the above and for more information on this process and our costs please contact Emma Sayers.
You can reach Emma by calling or filling in our online enquiry form.