A Lasting Power of Attorney (LPA) is a legal document that allows you (the “donor”) to appoint one or more people (your “attorneys”) to make decisions on your behalf if you become unable to do so. This guide will help you understand the role of attorneys in an LPA, how to choose them, and what they can do for you.
What is an LPA?
There are two types of LPAs:
1. Financial Decisions LPA: Covers decisions about your money and property
2. Health and Welfare LPA: Covers decisions about your health and personal welfare
You can set up either one or both types, depending on your needs.
What is an Attorney?
An attorney is someone you trust to make decisions for you when you can’t make them yourself. This could be due to illness, injury, or a decline in mental capacity. It’s important to choose your attorneys carefully, as they will have significant responsibilities.
Who Can Be an Attorney?
– Anyone over 18 with mental capacity
– Family members, close friends, or professionals
– Someone you trust to respect your wishes and act in your best interests
Who Cannot Be an Attorney?
– Someone who is bankrupt or has a debt relief order (for Financial Decisions LPA only)
– Anyone on the Disclosure and Barring Service (DBS) barred list, unless they’re a family member not receiving a fee
How Many Attorneys Can You Have?
You must appoint at least one attorney, but there’s no maximum limit. However, too many can make decision-making complicated. Consider appointing one or two primary attorneys and one or two replacement attorneys.
What Can Attorneys Do?
Your attorneys can only make decisions you’ve allowed them to make in your LPA. Their powers depend on the type of LPA:
– Financial Decisions LPA: Managing bank accounts, paying bills, collecting benefits, selling property
– Health and Welfare LPA: Making decisions about medical treatment, care, daily routine, and living arrangements
When Can Attorneys Act?
– Health and Welfare LPA: Only when you’ve lost mental capacity
– Financial Decisions LPA: You can choose:
1. As soon as the LPA is registered (even if you still have capacity)
2. Only when you’ve lost mental capacity
If you choose option 2, your attorneys may need to provide evidence of your lost capacity to banks and other institutions.
Attorney Responsibilities
Attorneys must follow the principles of the Mental Capacity Act Code of Practice, which includes:
– Assuming you can make decisions unless proven otherwise
– Helping you make your own decisions where possible
– Making decisions in your best interests
– Considering less restrictive options
Appointing Multiple Attorneys
If you appoint more than one attorney, you must decide how they’ll work together:
– Jointly: All must agree on every decision
– Jointly and severally: Can make decisions together or individually
– A combination: Joint for some decisions, severally for others
Replacement Attorneys
It’s wise to appoint replacement attorneys in case your original attorneys can no longer act. This ensures your LPA remains valid even if something happens to your primary attorneys.
You can read more about replacement attorneys here.
Professional Attorneys
While most people choose family or friends, you can appoint a professional (like a solicitor) as your attorney. This might be appropriate if:
– You don’t have close family or friends
– Your affairs are complex
– You want to avoid potential family conflicts
Remember, professional attorneys will charge for their services.
Registering Your LPA
Once you’ve created your LPA, it must be registered with the Office of the Public Guardian before it can be used. This process typically takes around 20 weeks and involves a fee (currently £82 per LPA as of 2024, with exemptions available for those on low incomes).
Regular Reviews
It’s important to review your LPA periodically, especially if your circumstances change. You can make changes as long as you still have mental capacity, but you’ll need to create and register a new LPA to do so.
When Attorneys Can No Longer Act
Attorneys cease to have authority if they:
– Die
– Lose mental capacity
– Decide they no longer want to act as attorney
– Become bankrupt (for Financial Decisions LPA)
– Were your spouse or civil partner, but your relationship has legally ended
Conclusion
Setting up an LPA is an important step in planning for your future. It ensures that people you trust can make decisions for you if you’re unable to do so. Take time to consider your options, choose your attorneys carefully, and seek professional advice if you’re unsure about any aspect of the process.
If you need help setting up your LPA or have any questions, don’t hesitate to contact us at A.D.E Wills on 01865 507174 or at info@adewills.co.uk. We’re here to guide you through the process and ensure your wishes are properly documented and respected.
