Power of Attorney forms have been redesigned by the Office of the Public Guardian in an attempt to make it easier for people to arrange who deals with their finances and welfare if they are ever unable to do so personally.
The Lasting Power of Attorney form - introduced in 2007 - ran to 28 pages but has now been streamlined into an 11 page document with clearer guidance. The new forms became available on 1 October 2009.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a document you can prepare to appoint someone you trust to make decisions on your behalf about your property and finances or your personal welfare. Your attorney or attorneys can make decisions for you at a time when you no longer wish to make those decisions or if you lose the capacity to make those decisions yourself. There are two types of LPA and you can choose to have one or both. They are:
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This document allows you to choose one or more people to manage your finances. This can include paying your bills, dealing with investments and selling your property. Your attorney can continue to act if you become incapable of making decisions about your finances. You may also want your attorney to act even if you are still able to make decisions yourself but if, for example, you find it difficult to talk on the telephone or sign your name, if you are abroad or if you would simply prefer them to deal with such matters for you.
This form allows you to choose one or more people to make decisions in relation to your personal welfare. This could include decisions about your medical treatment or where you should live. You can also give your attorney the right to consent to or refuse treatment which may prolong you life without any long term benefit. This document can only be used by your attorney if and when you lack the capacity to make such decisions personally.
Who should I appoint as attorney?
A person or people you trust. Most people choose their relatives but others appoint close friends or professionals such as a solicitor. You can name more than one attorney and you can choose a replacement attorney to act if your main attorney is unable to help e.g. if they were to die, become mentally incapable or were unwilling to act. You can cancel the power at any time as long as you still have mental capacity to do so.
Can my Attorney act for me as soon as I have prepared the document?
Before the LPA can be used, it must be registered with the Office for the Public Guardian. The document does not have to be registered immediately but, as it takes at least six weeks to register, most people choose to do so straight away so that the form is ready to be used if required urgenty in the future.
Why should I prepare the LPA?
If you lose mental capacity and you do not have a Power of Attorney, an application must be made to the Court of Protection for an Order to appoint a deputy to deal with matters on your behalf. The Order to appoint a deputy will take some months to obtain and is considerably more expensive than preparing a Lasting Power of Attorney. After the deputy is appointed, the Court will take a more active role by requiring the deputy to submit annual reports.
Who else is involved when I prepare an LPA?
You will need to choose at least one certificate provider. This is someone who will confirm that you understand the effect of the document and you are not being put under any pressure to make it. Your certificate provider must not be related to you and must either be someone you have known for at least two years or a professional such as a solicitor or doctor.
If you only choose one certificate provider, you will also need at least one person to be notified upon the registration of the LPA such as a close relative or friend. Any named person will then have a right to object to the registration of the document if they have concerns about this, e.g. if they feel you are being pressurised or the attorney is not suitable.
If you have any queries about powers of attorney or the Court of Protection, please contact our Wills, Trusts and Probate department on 01639 645061 |
