The Lasting Power of Attorney (LPA) was introduced by the Mental Capacity Act 2005. The main difference between it and the old Enduring Power of Attorney is that an LPA can cover welfare decisions, in addition to decisions relating to property and affairs.

Please Note; You can also make an LPA to run alongside an EPA if you wish. For example you may have an existing EPA that makes provision for decisions about your property and affairs, and decide to make a Personal Welfare LPA to run alongside that, to provide for decisions concerning your healthcare and welfare.

An LPA is a legal document that you (the Donor) make using a special form. It allows you to choose someone now, (the Attorney) that you trust to make decisions on your behalf about things such as your property and financial affairs or health welfare at a time in the future when you no longer wish to make those decisions or you may lack the mental capacity to make those decisions yourself.

There are two types of LPA;

A Health and Welfare LPA

A Property and Financial Affairs LPA

These health and welfare decisions can only be taken by somebody else when you lack the capacity to make them for yourself, for example if you are unconscious or because of the onset of a condition such as dementia.

The following are the different people involved in making an LPA.

The Attorney(s)

An Attorney is the person(s) you choose and appoint, using an LPA form, to make decisions on your behalf about either your health and welfare or property and financial affairs or both.  It is an important role and one that the person chosen has to agree to take on. 

The Donor

A Donor (you) is someone who makes an LPA appointing an Attorney(s) to make decisions about your health and welfare, property and financial affairs or both.

Named Person(s)

A named person is someone chosen by the Donor to be notified when an application is made to register their LPA. They have the right to object to the registration of the LPA if they have concerns about the registration. The named person(s) are specified in the LPA form. Selecting people to notify of an application to register is one of the key safeguards to protect you if you make an LPA

Certificate Provider

A certificate provider this can be (SJM Wills and Associated Services at no extra cost) is the person the Donor must select to complete a Part B Certificate in the LPA form. The certificate provider must confirm that the Donor understands the LPA and that the Donor is not under any pressure to make it. The certificate provider is another important safeguard.

Witness

A witness is someone who signs the LPA form to confirm that they witnessed  the Donor (the person making the LPA) signing and dating the LPA form; or the Attorney(s) (the person appointed by the Donor) signing and dating the LPA form.

It is an important role and acts as a further safeguard.

IT CAN COST AS LITTLE AS FROM  £99 TO WRITE YOUR

POWER OF ATTORNEY

CALL ME NOW

01489 578931

or

07979 303446