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0 Let’s begin by establishing what a lasting power of attorney is. This is a legal document through which an individual appoints one or more persons to help make decisions on their behalf.
You must be aged 18 or over and have the mental capacity to make your own decisions when you make a lasting power of attorney. Always remember that a family member or partner cannot act or make decisions for you without the appropriate legal authority.
What legislation covers lasting powers of attorney?
The Mental Capacity Act 2005 governs lasting powers of attorney (LPA). The person who applies for an LPA is referred to as the donor and anyone appointed to make the decisions on their behalf is an attorney.
Although you do not need a solicitor to make an LPA, if your affairs are complicated, or you are not sure about the process, it is best to seek legal advice.
Information about local solicitors is available online. For example if you are looking for a Gloucester solicitor, you will find information at sites such as www.deeandgriffin.co.uk/.
What types of LPA are there?
There are different kinds of LPAs, one covering health and care and the other covering property and your financial affairs.
A Health and Care LPA is only used when the donor no longer has the mental capacity to make decisions for themselves. It allows the attorney to decide issues such as medical treatment, care, and where the donor lives. When preparing this kind of LPA, you should decide if your attorney will have authority to decide about life-saving treatment, otherwise decisions will be in the hands of professionals.
The second kind of LPA relates to Property and Financial affairs. Under this document, your attorney will take over the running of your financial and property affairs. They will be able to pay any bills, collect any pensions, purchase clothing and food and dispose of your property if necessary. The attorney can act even if the donor has capacity, but you can introduce restrictions in the LPA to avoid this.
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