About LPAs'

There are two types of lasting powers of attorney. They are LPAs' that deal with property and affairs and then there are the ones whp deal with your welfare and health. Each one covers a different area and both have separate forms that need to be completed. However you can let the same person do both - you may also choose to have two different people.

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Two types of attorneys

Ordinary Power of Attorney

If you want to give someone full access to make decisions and take action concerning your finances while you still have mental capacity, you can set up an ordinary power of attorney.

This is when you are giving someone else authority to act on your behalf. It is only valid while you still have mental capacity to make your own decisions, so that you can still be aware on what the person making decisions for you (your attorney) is doing.

You can limit the power you give to your attorney so that they can only deal with certain assets, for example, your bank account but not your home.

Lasting power of attorney

There maybe a time in the future when you are unable to make any decisions for yourself, an LPA is when allocate someone you trust to manage decisions on your behalf, if either you’re unable to in the future or you no longer wish to make decisions for yourself

When can I make an LPA?

You can allocate an LPA to yourself whenever you decide it's time to have one.
Anyone over the age of 18 and has the mental capacity to do so can make someone their LPA. You should fully understand what you are doing and understand what it means before doings so.

How to apply for an LPA?

To appoint an LPA one must fill in a paper based form or online form. The form itself must be then signed by hand and then sent to the OPG. If any help is needed to complete the form then you should see the help notes with each form. You must also consider what LPA form you will need to complete (Property & Affairs LPA or Health & Welfare LPA).

Property and Affairs

These LPA’s will deal with your finances and property. This can include anything from paying bills or collecting benefits. If you wish to limit the powers your LPA’s have you can do so. This LPA cannot be used until it has been registered with the Office of the Public Guardian. When it has been registered it can even be used whilst you have mental capacity yourself.

Health and Welfare

These LPA’s help you with the everyday decisions on your behalf with regards to your health and welfare. An LPA with these permissions can make decisions on your everyday care, what you eat and even what you wear. They can also decide where you live. Another power you can give your Attorney is whether or not to accept or decline life prolonging treatment. Decisions regarding life have to be stated clearly.

These decisions cannot be made until it is registered with the Office of the public guardian and unlike the Property and Affairs LPA they cannot make decisions until you don’t have the mental capacity to do so.