A Lasting Power of Attorney (LPA) is a legal document appointed by a single person, known as the Donor, that grants one or more person the status of ‘Attorney’, allowing them to make decisions on the Donor’s behalf. Depending on the type of document the Donor has signed, the Attorney/s will be legally allowed to make decisions about the Donor’s health and welfare, and/or properties and financial affairs.
Why Give Someone LPA?
Nobody likes to think about a future where they might not be able to make decisions for themselves but, by giving someone they trust an LPA, a Donor can have much more say over what might happen if they have an accident or illness that affects their mental capacity. Typically, a Donor grants an LPA to someone they trust to make decisions on their behalf such as a family member or close friend.
Types of LPAs
As mentioned previously, there are two main types of LPA documents:
• Health and Welfare
• Properties and Financial Affairs
Donors can choose to make one or both types of LPA depending on their individual needs and they don’t have to assign the same Attorney to both documents.
The person who has control over a Donor’s health and welfare will be able to make decisions about medical care, life-sustaining treatment, day to day care and whether or not to move them into a care home.
The person who has control over a Donor’s financial affairs will be able to make decisions about selling a property, managing bank and building society accounts, paying bills, and collecting benefits or from a pension scheme.
It is advisable that you seek help and advice from a Solicitor when drawing up Lasting Power of Attorney documents. An LPA is a serious affair and there are many things to consider outside who you are going to choose to act as your Attorney.
Donors must elect a Certificate Provider who can confirm that they understand the consequences of making an LPA and that nobody is forcing them to make it against their wishes. In addition, documents must be drawn up and Court fees must be paid to register the LPAs documents.
Jackson Barrett & Gass’ in-house team specialises in LPAs and making the process as simple as possible for clients. They will handle all the paperwork and processing, ensuring that both the Donor and the Attorney are fully informed every step of the way. For help or advice with an LPA contact us on 01625 523988 or mail@JBGass.com.