A lasting power of attorney means that a person can pick someone they know and trust to make decisions about financial or health and well-being matters if they become incapacitated and cannot make these decisions on their own. However, it can only be used when it has been registered with the Office of the Public Guardian.
What Types of LPAs Are There?
If you want someone to look after your financial affairs, you need a Property and Financial Affairs LPA. This allows them to manage any bank accounts, pay your bills, collect a pension or benefits and manage a property sale.
For assistance with things like medical care, you require a Health and Welfare LPA. This also lets the appointed person, called the attorney, to make decisions about routine things such as washing and dressing and whether you need live-in care or need to move into a care home.
How Do I Get an LPA?
As long as you are aged 18 or over and have mental capacity, you can apply for an LPA. You simply choose one or more attorneys and fill out the necessary forms. This can be done by yourself or with the help of an LPA expert or legal firm for any UK power of attorney. You can find out more about UK Power of Attorney here.
You can’t use an LPA until registration is complete, and this can take a few weeks. If you have mental capacity, you can register it yourself, but if you have signed an LPA and lose your mental capacity before it is registered, the attorney can register it on your behalf.
There is a cost of £82 for each UK power of attorney unless you are eligible for an exemption or reduction.
After Registration
As soon as a Property and Financial Affairs LPA is registered, it can be used with the donor’s consent, but a Health and Welfare LPA only comes into operation if someone has lost mental capacity and can no longer make decisions for themselves.