Lasting Power of Attorney:

What is it and when would you need one?

A lasting power of attorney (LPA) is a legal document that lets someone (the donor) appoint one or more people (known as attorneys) to help them make decisions, or to make decisions on their behalf, if they are no longer able to.

A lasting power of attorney for property and financial affairs (PFA) can be used when a person has capacity, or when a person has lost capacity. If a person has capacity, they may wish to have someone to assist them with their nances. For example, a person may not be very mobile, so having a PFA LPA will enable their attorney to pay bills on their behalf and make longer terms plans in the event that they lose capacity and can no longer make their own decisions.

Anyone 18 or over with mental capacity can have a power of attorney.

What powers does an attorney have?

A property and nancial a airs LPA gives the attorney(s) the power to make decisions about money and property for a person. For example:

• Managing a bank or building society account

• Paying bills and signing cheques

• Collecting pension bene ts

• Selling a property

• Investing money

• Arranging repairs to a property

A health and welfare LPA can only be used once the person lacks capacity; it gives the attorney(s) the power to make decisions about things such as:

• The person’s daily routine, for example washing, dressing and eating

• Medical care

• Where the person should live

• What kind of social activities they should take part in

• Life-sustaining treatment

Once the LPA has been executed, it is sent to the Offce of the Public Guardian with the application fee to be processed. At this point, the OPG must wait for four weeks (the statutory waiting period) before they can register your LPA. This gives people involved in the LPA time to raise any concerns they may have. If there are no objections or problems, the LPA is usually sent back to the person, or a solicitor if one has been instructed. Once the LPA has been registered and sent to you or your solicitor, the LPA can then be used with consent, or if the person has lost capacity.

This is just one of the services we provide at Widdows Pilling LLP. We also specialise in all aspects of Conveyancing, Commercial Property Transactions, Wills & Probate and Family Law.

For more information, contact us:

Telephone: 0161 790 1825

Email: enquiries@widdows-pilling.co.uk