Understanding Lasting Power of Attorney

Navigating the intricacies of legal documents can be challenging, especially when it involves planning for a future where you might not be able to make your own decisions. One such crucial document in the UK is the Lasting Power of Attorney (LPA). This guide, accompanied by an explainer video, aims to demystify the concept and process of establishing an LPA.

What is Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document that allows you (the ‘donor’) to appoint one or more people (known as ‘attorneys’) to make decisions on your behalf. This becomes essential if you ever lose the capacity to make decisions yourself due to reasons like illness, accident, or old age.

There are two types of LPAs:

1. Property and Financial Affairs LPA: This allows your attorney to handle your property and finances, like managing your bank accounts, paying bills, or selling your property.
2. Health and Welfare LPA: This type covers decisions about your daily routine, medical care, moving into a care home, and life-sustaining treatment.

Why is it Important?

Without an LPA, if you lose mental capacity, your loved ones would need to apply to the court for a deputyship order, which can be a long and costly process. An LPA, set up while you have the mental capacity, ensures that decisions about your life are made by people you trust.

The Process of Setting Up an LPA

1. Choose Your Attorney(s): You can appoint one or more attorneys. It’s crucial to select individuals who you trust and who will act in your best interests.
2. Fill Out the Forms: Complete the relevant LPA forms. These are available online or in paper format.
3. Register the LPA: Before an LPA can be used, it must be registered with the Office of the Public Guardian. There is a fee for this process, although exemptions and reductions are available.
4. Certificate Provider: A certificate provider, someone who confirms that you understand the LPA and are not under pressure to sign it, is needed.

Establishing a Lasting Power of Attorney can provide peace of mind, ensuring that if the worst happens, your affairs are in the hands of those you trust. It’s a thoughtful step not just for yourself, but also for your loved ones.

Remember, setting up an LPA is a significant decision, and seeking professional legal advice can be very beneficial.

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