09 Jul What Are The Different Lasting Powers of Attorney?
Following on from our previous blog, you will be aware of how important it is to have a power of attorney arrangement in place.
Here we are going to explain in a little more detail what a Lasting Power of Attorney (LPA) is and the differences between the two sorts.
What is a Lasting Power of attorney?
A lasting power of attorney is a way of nominating someone that you trust – spouse, child, relative – to be your attorney, which gives them the legal authority to make decisions on your behalf should you lose the mental capacity to do so. The attorney can also step in to make decisions should you no longer wish to make decision for yourself.
The two types of LPA are:
- LPA for health and care decisions
- LPA for financial decision
LPA for health and care decisions
This type of LPA would come into effect once you have lost your mental capacity and will cover any issues relating to health and care decisions.
An appointed attorney can make decisions related to things such as:
- Where you should live
- What you should eat
- Your medical care
- Who you should have personal contact with
- Social activities and what you should be taking part in
When you appoint your attorney, you can also opt to give special permission for them to have the ability to make decisions regarding life saving treatment.
LPA for financial decisions
This type of LPA covering financial decisions would be effective whilst you still have mental capacity. You can also state that you would like it to be in effect after you lose mental capacity.
An appointed attorney can make financial decisions related to things such as:
- Buying and selling property
- Investing money
- Paying bills arranging repairs to properties
- Paying mortgages
Additionally you can opt to restrict the different types of decisions that your attorney can and can’t make or you can let them make all of the related financial decisions on your behalf.
As an added extra layer of protection for your wellbeing and financial assets, the attorney you appoint has to keep accounts related to what they are spending and also ensure that their money is kept completely separate to yours.
You are also able to ask as frequently as you like, how your money is being spent and how much money you have. If you were to lose mental capacity, these document and figures can be sent to a solicitor or family member.
How to set up a power of attorney
If you are interested in setting up an ordinary power of attorney, we would recommend that you speak to a will writer, a solicitor or you contact Citizen’s Advice – there is a set standard of wording related to an ordinary power of attorney.
If you wanted to set up a lasting power of attorney, you need to contact the Office of the Public Guardian, complete the forms and pay the fee.
More information can be found here: https://www.gov.uk/power-of-attorney/make-lasting-power
Please note, if you are setting up a lasting power of attorney for both financial and health, you will need to complete two LPAs and pay for both.