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Lasting Powers of Attorney (LPA)
Whenever an attorney makes a decision under an LPA, by law they must act in the best interests of the donor who has given them the power.
If after October 2007, you want to make plans for the future, creating an LPA will allow you to choose one or more people to act as decision-makers. An LPA can be made by anyone aged 18 or over but can only be used once it has been registered with the Office of the Public Guardian.
If you have an existing Enduring Power of Attorney it can still be used provided it is registered with the Office of the Public Guardian.
Powers of Attorney
A Power of Attorney is a legal document that lets you (the donor) appoint someone (the attorney), to make decisions on your behalf.
The Law has changed in relation to Power of Attorney. Now you need to create a LASTING POWER OF ATTORNEY (LPA) and there are two types available.
Property and Affairs LPA that allows you to choose someone you trust to make decisions about how to spend your money and the way your property and affairs are managed. Once registered, and unless you have put restrictions on it, this type of LPA can be used by your attorney(s) straight away.
Personal Welfare LPA allows you to choose a person to make decisions on your behalf relating to your personal healthcare and welfare including decisions to give or refuse consent to treatment on your behalf and deciding where you live. These decisions can only be taken on your behalf when the LPA has been registered and you lack the capacity to make the necessary decision for yourself. This is similar to the current Living Will.
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