The Lasting Power of Attorney: Your Guide to Making It Work For You
A Lasting Power of Attorney (LPA) is a legal document that gives someone else the authority to make decisions on your behalf. This can be used if you become unable to make your own decisions due to an illness or accident. An LPA can be used to make decisions about your property and finances, or your welfare. You can choose to give someone authority over one or both of these areas. For example, you may want someone to manage your bank account if you become ill, but not have the authority to make decisions about your medical care. You can appoint more than one person to be your attorney. You can also appoint replacement attorneys in case your first choice is unable to act for you. It’s important to plan and make an LPA while you still have mental capacity. This ensures that your decisions are made according to your wishes. If you don’t have an LPA in place and you lose mental capacity, your family or friends will need to apply to the court to be appointed as your ‘deputy’. This can be a long and costly process.
1. What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone to make decisions for you if you are unable to do so yourself. There are two types of LPA: one for property and financial matters, and one for health and welfare. A property and financial affairs LPA covers decisions such as managing your bank accounts, paying your bills and selling your home. A health and welfare LPA covers decisions about your medical and day-to-day care. You can choose to appoint the same person for both types of LPA, or two different people. You can also specify in the LPA that you only want it to take effect if you lose mental capacity in the future. This means the LPA can only be used if you can no longer make decisions for yourself. You may appoint more than one attorney if you wish. This can be useful if you want different people to be responsible for different aspects of your life, or if you want someone to be able to act if your first-choice attorney is unable to do so. You can appoint a replacement attorney who will step in if your first choice is unable or unwilling to continue acting for you. You can find more information about LPAs on the Orange Legal website.
2. What are the benefits of having one?
An enduring power of attorney is a legal document that gives another person the authority to make financial or personal decisions on your behalf, should you become incapacitated. This document can be used to appoint someone to manage your bank accounts, pay your bills, or make medical decisions on your behalf. There are many benefits to having an enduring power of attorney. First, it can give you peace of mind knowing that your finances and personal affairs will be taken care of if you become unable to do so yourself. Second, it can help to avoid potential disagreements among family members or friends about who should make decisions on your behalf. Third, it can help to ensure that your wishes are carried out, even if you become unable to communicate them yourself. Making an enduring power of attorney can be a complicated process, so it is important to seek legal advice to ensure that it is done correctly. However, the peace of mind that comes from knowing your affairs are in order can be well worth the effort.
3. Who can you appoint as your Attorney?
Generally speaking, you can appoint someone you trust as your attorney, as long as they are 18 years of age or older. This could be a spouse, civil partner, family member, close friend or professional advisor. It's important to remember that your attorney will have significant power over your finances, so you need to be confident that you can trust them to act in your best interests. You should also consider hiring more than one attorney, in case your first choice may not work for you in the future. If you don't have someone in mind that you want to hire, several organizations can provide professional attorneys. These firms are regulated by Orange Legal and you can be confident that they will act in your best interests
4. What powers does your Attorney have?
An Attorney can have a variety of different powers, depending on what authority is granted to them in the Lasting Power of Attorney (LPA) document. These powers can be general, such as the authority to make decisions about your welfare and property, or they can be specific, such as the authority to make decisions about your healthcare or finances. The powers granted to an Attorney are set out in the LPA document. The specific powers that are granted will depend on the type of LPA that is being used. For example, a Property and Affairs LPA will grant different powers to an Attorney than a Health and Welfare LPA. In general, an Attorney can be given the authority to make decisions about your welfare, property, and finances. This includes the authority to make decisions about your healthcare, where you live, and how your money is spent. An Attorney can also be given the authority to make decisions about your care, such as what medical treatment you receive. This authority can be granted in a Health and Welfare LPA. The powers that are granted to an Attorney can be revoked or modified at any time by the person who created the LPA. The donor can also specify that certain decisions can only be made with the agreement of another person, such as a doctor or family member. It is important to note that, even if an Attorney has the authority to make decisions about your welfare, they must always act in your best interests. This means that they must take into account your wishes and feelings when making any decisions on your behalf.
5. How can you revoke or cancel a Lasting Power of Attorney?
It is possible to revoke or cancel a Lasting Power of Attorney (LPA), but certain procedures must be followed. Generally speaking, an LPA can be revoked at any time if the person making the LPA has mental capacity. If the donor does not have the mental capacity to revoke the LPA, it can only be revoked by a court order. There are two main ways to revoke an LPA. The first is to destroy the LPA document. This can be done by tearing it up, burning it, or otherwise making it physically impossible to use. The second way to revoke an LPA is to notify the Office of the Public Guardian (OPG) that the grantor no longer wishes to exercise the LPA. This can be done by completing a 'withdrawal notice' form, which is available on the OPG website. It is important to note that simply notifying OPG of the withdrawal is not sufficient; The LPA document should also be destroyed. This is to prevent the possibility of using the LPA after the donor has died, as the OPG will not be aware of the withdrawal if they only have the notice of withdrawal form. If the donor loses mental capacity, the LPA can only be revoked by court order. This can be done by the donor themselves, if they have the mental capacity to do so, or by a person with a 'petition title'. This is usually a close relative or friend of the donor, but can also be a professional such as a lawyer. To apply for a court order to revoke an LPA, an application form must be completed and submitted to the Court of Protection. This form is available on the website https://orangelegal.co.uk/. The court will then review the application and decide whether to revoke the LPA. It is also possible to withdraw an LPA by creating a new LPA. This new LPA will state that it revokes all previous LPAs, so it is important to ensure that all previous LPAs are destroyed after the new one is created. It is important to note that an LPA can only be withdrawn when the donor has mental capacity. If the donor lacks mental capacity, the LPA can be terminated by court order.
6. What should you do if you have concerns about your Attorney?
If you have concerns about your attorney, there are things you can do. First, talk to an attorney about your concerns. If the attorney is unable to resolve your concerns, you may contact the Orange Legal Office. The Office of Orange Legal can investigate your concerns and take action if necessary. You can also make a complaint to the Health and Care Professions Council.
7. How can you get help with Lasting Powers of Attorney?
There are several ways that you can get help with lasting powers of attorney. Here are a few of the options: 1. Consult with a solicitor. A solicitor can help you to understand the process and requirements of putting together a lasting power of attorney. They can also help you to navigate any potential legal issues that may arise. 2. Contact your local authority. Most local authorities have teams of experts who can assist you with putting together a lasting power of attorney. 3. Seek out support groups. There are several support groups available, both in person and online, which can provide guidance and support when putting together a lasting power of attorney. 4. Speak to your bank or financial institution. Many banks and financial institutions have staff who are trained to assist with the process of putting together a lasting power of attorney. 5. Talk to family and friends. Family and friends can be great source of support and advice when putting together a lasting power of attorney. Taking the time to seek out help and guidance when putting together a lasting power of attorney can make the process much simpler and help to ensure that your lasting power of attorney is effective.
While a Lasting Power of Attorney can be a great way to protect your interests if you become incapacitated, it is important to remember that it is a legal document. As such, you should consult with an attorney to ensure that it is properly drafted and executed.
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