Lasting Power of Attorney

When a person lacks mental capacity there is a need for someone else to manage their legal, financial and health affairs. The Mental Capacity Act 2005 made provision to allow a person to choose someone to manage their finances, property, and to make health and welfare decisions on their behalf.

They will be able to do this through the creation of a Lasting Power of Attorney (LPA). LPAs have now replaced Enduring Powers of Attorney (EPA) in 2007, when the Mental Capacity Act came into force. Lasting Powers of Attorney come in two forms to deal with the different aspects of decision making.

The LPA Property and Affairs (LPA-PA) deals with financial matters. A LPA-PA enables you to appoint a trusted person or persons (who will be your attorney) to make decisions on your behalf concerning your property and affairs when you are no longer able to make such decisions yourself. Subject to any restrictions or conditions you might dictate, it can include paying your bills, gathering your income and benefits and even selling your house. It is important to note that it can only be used once it has been registered at the Office of the Public Guardian (OPG).

The LPA Personal Welfare (LPA-PW) covers welfare and medical matters. It allows the person(s) you have chosen as your attorney to make decisions on your behalf about your personal welfare. It can include the power for the attorney to give or refuse consent to medical treatment. This power must be granted expressly in the LPA and is only available to the attorney if you have completed the form in that way. An LPA-PW can only be used once the form is registered at the OPG and you have become mentally incapable of making decisions about your own welfare.

As mentioned, an LPA form must be registered at the OPG before it can be used. There is a fee of £120 for registering each LPA.

Do I need help?
You do not have to seek legal advice and assistance but please bear in mind that any LPA is a very important legal document and you may wish to seek advice from a legal adviser with experience of preparing them.

If you want to seek advice without any obligation on your partor arrange a visit you can call on 01225 582 582 07942 95 95 99 or use the contact page and we will call you back within one working day.

The home visit Will service is available in Berkshire, Dorset, Gloucestershire, Hampshire, Oxfordshire, Somerset and Wiltshire.