Lasting Power of Attorney

Here’s your Solicitors in Bournemouth guide to your Lasting Power of Attorney.

A Lasting Power of Attorney (LPA) is the legal document gives you the right to choose someone (the Attorney) to make decisions on your behalf.

This could be for things like property, finances or health care. It may be that you lack the mental capacity to make such decisions in the future or you simply wish someone else to make those decisions for you.

There are two types of LPA:

  • The property and financial affairs LPA
  • The health and welfare LPA

Property and Financial Affairs LPA

A Property and Affairs LPA lets you appoint someone to make decisions on the way your property affairs are managed and how your money should be spent.

Personal Health and Welfare LPA

A Personal Welfare LPA allows you to choose someone to make decisions about your healthcare and welfare. This may be decisions to refuse or consent to treatment on your behalf and deciding where you live e.g. nursing home.

These decisions can only be taken on your behalf when the LPA is registered and you lack the capacity to make the decisions yourself.

Who is eligible to make an LPA?

If you are over 18 and have the capacity you can make an LPA that appoints one or more Attorneys to make decisions for you. You can’t make a joint LPA. It is for individuals only.

Lasting Power of Attorney replaced the Enduring Power of Attorney (EPA) on 1 October 2007.

If someone was given power through an EPA before 1 October 2007 they can still use it and apply to have it registered. This person has a duty to apply to register the EPA as soon as they believe that you are becoming or have become mentally incapable of making financial decisions for yourself.

Can You Cancel an LPA or EPA?

You can cancel your LPA only if you have the mental capacity to do so. Any dispute about a cancellation of an LPA will normally be decided by the Court of Protection.

Enduring power of attorney (EPA) cancellation...

It’s possible to cancel an unregistered EPA if you have the mental capacity and you don’t have to apply to the Court of Protection.

If the EPA is registered then you have to demonstrate to the Court of Protection you understand who the attorney is and what powers they have, you know the effect of the cancellation and why the EPA has to be cancelled.

LPA & EPAs can both be revoked if you or your attorney becomes bankrupt. This excludes Personal Welfare LPAs.

How Many LPA’s To Appoint?

If you become mentally incapacitated later in life you might not be able to check up on your attorney. Because of this it’s extremely important to choose someone you trust.

Sometimes it makes sense to have more than one attorney because this can prevent any abuse of responsibility. It also makes sense to choose someone that is good at managing finances and has your best interests at heart.

Your situation may be complex or simple but you should always get advice from a solicitor experienced in this area of law.

I’m very happy to chat to you, (for free) to find out more about what you want from an LPA.

Please phone 0844 874 5377 or email help@SolicitorsInBournemouth.com

Paul Solomons
Solicitors In Bournemouth
Hamilton Court House, 1-3 Alum Chine Rd, Bournemouth BH4 8DT
0844 874 5377

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