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Guide to Lasting Power of Attorney

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Guide Contents

Lasting Power of Attorney England and Wales
Lasting Power of Attorney: The paperwork...
Preparing a Donor Statement
Preparing a Certificate Provider Statement
Preparing an Attorneys Statement
Frequently Asked Questions
Where to go for more help and advice with LPA's

Lasting Power of Attorney England and Wales

The term Lasting Power of Attorney (LPA) refers to the legal document which allows an individual (referred to as a Donor) to nominate a person or people (referred to as Attorneys) to make decisions on his or her behalf should they reach a state where they no longer have the mental capacity to make certain decisions. Lasting Power of Attorney can be divided into two groups, one that relates to the financial well being of the Donor and one which refers to the health care and general welfare of the Donor.

  • Financial : allows the person nominated as the Attorney to make decisions relating to the financial well being of the Donor such as bank accounts, payment of bills, sale of property etc.
  • Health care : allows the person nominated as the Attorney to make decisions relating to the use or refusal of treatment, along with the general health and welfare of the Donor.

Just as a Will details the wishes of the individual to ensure that their family is provided for, a Lasting Power of Attorney can provide security for their family at a time when the individual is incapacitated for whatever reason.

Lasting Power of
Attorney was previously known as the Enduring Power of Attorney.

If for example the main wage earner of the family was in a tragic accident which resulted in a coma, the spouse would have to apply to the Court of Protection before they can access any money from the injured persons bank account. This all takes time, effort and money at what may already be a traumatic time.

Any Enduring Power of Attorney documents, even those which haven't been registered with the Office of the Public Guardian, are deemed valid on the condition that they were signed by all involved parties before 1st October 2007. Amendments were made in accordance to the Mental Health Act 2007.

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