LASTING POWERS OF ATTORNEY

What is a Lasting Power of Attorney? Why are they required? What happens if we don’t have an LPA in place? What is the process to set an LPA up?

WHAT IS A LASTING POWER OF ATTORNEY? An LPA is a legal document that enables you (The Donor) to choose someone (The Attorney) to make decisions on your behalf, about such things as your finances, property and your personal welfare, at a time in the future should you become physically or mentally incapable of dealing with those affairs yourself. Mental/physical capacity – permanent or temporary loss Alzheimers/Dementia Stroke or Accident Prior to 2007 people had Enduring PA. These were replaced by the Property and Financial LPA in October different types of LPA Property and Financial Affairs Health and Welfare Anyone over the age of 18 can set up an LPA providing they have the mental capacity to understand the meaning and the effects of it.

APPOINTING ATTORNEYS You would normally appoint 2 attorneys but can appoint as many as you wish. However you need to consider how you appoint them. Act jointly Act jointly and severally You can appoint different people depending on the type of LPA and their ability to carry out the role You can give attorneys as much power as you like You can also place conditions and restrictions on their power You must also decide on a Person to be Notified – that registration of your LPA is taking place.

WHAT HAPPENS IF WE DON’T HAVE AN LPA IN PLACE? Attorneys will be appointed by the Court – usually solicitors/social services, depending on the support required To regain control family/friends will need to apply for Deputyship through the Courts Cost Time Delays Approval

WHAT IS THE PROCESS TO SET UP AN LPA? Completion of paperwork – importance of accuracy Registration with OPG At any time after setting up Can’t be used until registered Fee payable Donor can still make decisions once LPA is registered so long as they have the capacity to do so– attorney can act for you in your best interests and on your instruction Disagreements with attorney New forms available from 1 July If old forms have been completed but not yet registered you only have until 31 December 2015 to do so.

LASTING POWERS OF ATTORNEY It’s never too early to set one up but all too often it can be left too late! Don’t be caught out!