Lasting Power of Attorney
A Lasting Power of Attorney (LPA) is a legal document that allows a person (the donor), to give authority to another person (the attorney) to make certain decisions on their behalf.
LPAs are not just for the elderly, they save time & money if at any point you become incapacitated. Tiger Law has partnered with White Deer Wills, and their specialised team handles our clients’ LPAs.
White Deer Wills provide a no-obligation half-hour discovery consultation to discern clients’ objectives and needs.
Interested in setting up a Lasting Power of Attorney?
There are two types of LPA:
- Property & Financial
- Health & Wellbeing
PROPERTY & FINANCIAL
The attorney will have the authority to deal with the donor’s financial affairs, such as managing bank and savings accounts, paying bills, buying and selling property, managing investments and deal with tax affairs.
A person’s mental capacity may deteriorate as they get older and in the future they may not be able to make everyday decisions about their finances. This form of LPA can be very useful if this happens. The attorney will be responsible for managing the donor’s financial affairs, either in a personal or business capacity.
This form of LPA can be used at any point during the donor’s life, and it is not necessary for the donor to have lost capacity to make decisions for it to become active, unless the donor has specified otherwise.
HEALTH & WELLBEING
The attorney will have the authority to make decisions about where the donor will live, his or her day to day care such as what you eat or wear.
This form of LPA is very important because it allows the donor to choose whether an attorney should make decisions about accepting or refusing medical treatment to keep them alive.
This form of LPA can only be used when the donor has or is considered to have lost mental capacity.
WHO CAN BE APPOINTED?
You must choose a person you trust to manage your affairs, should you become incapacitated or if you temporarily require a person to make decisions on your behalf.
Your attorney must be aged 18 or over. You can choose as many attorneys as you wish to manage your affairs. If you choose to appoint more than one, you will need to decide how you want them to act. Attorneys can act jointly, whereby they must make all decisions together. This can cause the appointment to fail if one attorney is unable to act.
You can also appoint attorneys “jointly and severally” where they have to make some decisions together but some can also be made separately.
WHEN CAN THE ATTORNEY ACT?
Your chosen attorney or attorney’s must sign the LPA. The LPA must be registered with the Office of the Public Guardian. You must be over 18 and have mental capacity to be able to register the LPA. A ‘certificate provider’ is required to sign the LPA, who will attest to your understanding.
WITHOUT AN LPA?
Without an LPA in place, decisions regarding a person’s financial affairs and health and wellbeing can only be made following an application for an order to the Court of Protection. This can be a time consuming and costly process, which could lead to difficulties for either family members or businesses that may need access to finances urgently.
Director, White Deer Wills
Director, White Deer Wills