UK Lasting
Power of Attorney documents replaced the Enduring Power of Attorney
from the 1st October 2007. However if you already have an Enduring
Power of Attorney that was fully and correctly signed by both the
donor and all attorneys prior to the end of September 2007 this will
still be valid.
 What is a
Lasting Power of Attorney?
A Lasting
Power of Attorney or LPA, is one or two legal documents which
empowers a named person or persons to look after the Property and
Affairs and Personal Welfare of another person.
Unlike the
old enduring power of attorney you can now appoint someone to make
personal welfare decisions in addition to financial and business
decisions if you should become incapable of making these for
yourself.
So
why is this so important?
The
Alzheimer's Society estimates that there are currently over 750,000
people in the UK with dementia, many of these may go on to become
mentally incapable.
Having a nominated attorney or number of attorneys will ensure that
if you become one of this growing number of people you would have
appointed people you know and trust to manage your affairs.
You can now
create two different kinds of attorneys, one to manage your
financial affairs and one to manage your social and welfare affairs.
These are appointed by the creation of two separate documents. It is
however possible to have the same attorney acting on both a
financial and social welfare basis.
If an
attorney has been appointed through a Property and Affairs LPA they
have the ability to;
- Manage bank accounts including opening and
closing accounts
- Claiming and receiving benefits and other
payments like pensions and rebates on behalf of the donor.
- Paying bills, household, care fees etc.
- Buying selling or renting any property the
donor owns.
- Making gifts - limited to making gifts to
people who are related to or connected with the donor for
special occasions such as birthdays.
- Making decisions regarding any investments
held by the donor.
If the
attorney has been appointed on a Personal Welfare basis typically
this will include the following areas;
- Making decisions about the donors permanent
residence.
- Making decisions on the care required and
level of care provided.
- Giving consent to medical treatment including
medical procedures, therapy, etc.
- Making decisions on diet, dress and personal
appearance.
- Taking you on holiday.
- Organising work, education or training for
the donor.
- Assessment for and provision of community
care services.
- Rights of access to personal information
about the donor.
The above are examples of the type of activities
an attorney might be authorised to undertake. Items can be
specifically included or excluded, but at all times the attorney
must to make decisions in the best interest of the donor.
Anyone over the age of eighteen who is mentally capable can create
a LPA.
In order to
register your LPA a form must be completed by a certificate provide.
The
certificate provider can either be someone who has known you for the
last two years and can confirm you are not under undue pressure to
create the LPA and that you fully understand the purpose and scope
of the LPA.
Alternatively a certificate provider can be
- A
registered healthcare professional (Including GP)
-
Registered social worker
-
Independent Mental Capacity Advocate
-
A
Barrister Solicitor or Advocate
If you decide not to have your Lasting Power of Attorney drawn up
and certified whilst you are still mentally capable of doing so, the
alternative is to hope that the situation never arises where you are
incapable of making decisions for yourself or to rely on someone
making an application to the Court of Protection either for a Deputy
to be appointed to make decisions for you or for the Court to make
specific decisions on your behalf. The procedure for this is even
more complicated, slow and expensive. In addition to any legal fees
that would be incurred (and whoever applied would almost certainly
need legal advice) there are application fees of £400 per
application (as at 1 October 2007) and £500 per hearing.
Call us to day to book a free in home consultation, you will be glad
you did and so will your family.
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