A lasting power of attorney, or LPA, gives a trusted person legal authority to make decisions on someone else’s behalf, should they lose the ability to do so themselves.
Understanding Lasting Powers of Attorney
An LPA is a legal arrangement where one person, the donor, appoints another, the attorney, to make decisions if they become unable to do so. Anyone over the age of 18 with mental capacity can set one up. Attorneys can be asked to act jointly, where all decisions must be made together, or jointly and severally, which allows some decisions to be made independently.
There are two main categories of LPA – one covering property and financial matters, the other dealing with health and welfare. Age UK can help you set up an LPA.
Health and Welfare Decisions
A health and welfare UK power of attorney allows an attorney to make decisions about personal care, such as daily routines, medical treatment, or where the donor should live. It can only be used once the donor has lost the capacity to decide for themselves. Attorneys may also need to make decisions about life-preserving treatment, but only within legal limits.
Property and Financial Powers
An attorney with a property and financial affairs UK power of attorney can manage the donor’s money and assets, including paying bills, dealing with bank accounts, collecting benefits or pensions, and buying or selling property. They may also handle business matters or legal obligations if needed. Attorneys must act in the donor’s best interests at all times.
When Powers Begin and End
An LPA covering property and financial affairs can be used as soon as it is registered, if the donor agrees, while an LPA that deals with health and welfare only takes effect once the donor has lost mental capacity. Both types of LPA can be cancelled by the donor, as long as they still have capacity.
LPAs offer peace of mind for the donor, but being appointed as an attorney carries serious responsibilities and the knowledge that the donor’s best interests must always come first.
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