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Categories: General News, Wills and Probate
Posted on: September 24, 2018 14:39
What is an LPA?
A Lasting Power of Attorney is a legal document that you (known as ‘the Donor’) make. It allows you to choose someone (known as ‘the Attorney’) that you trust, to make decisions about things such as your finances and property on your behalf, at a time in the future where you are no longer physically able or have the mental capacity to make those decisiolns yourself. An LPA can only be used when it is registered with the Office of the Public Guardian (OPG).
Financial Decision LPA:
A Financial Decision LPA allows your Attorney to make decisions on your behalf about your property and affairs, including paying your bills, collecting your income and benefits or selling your house, subject to any restrictions or conditions. Please note, this type of LPA does not allow your Attorney to make decisions about your personal welfare.
You can appoint a Property and Affairs Attorney to manage your finances and property while you still have capacity, as well as when you lack capacity. For example, it may be easier for you to give someone the power to carry out tasks such as paying your bills, collecting any benefits or other income.
Health & Care Decisions LPA:
A Health & Decisions LPA allows your Attorney to make decisions on your behalf about your personal welfare, including whether to give or refuse consent to medical treatments on your behalf and decide where you are going to live.
Please note, these decisions can only be made on your behalf if you lack the capacity to make them yourself, for example, if you’re ill, unconscious or a mental condition such as dementia.
Frequently Asked Questions:
Who can make an LPA?
Anyone aged 18+, with the capacity to do so, can make an LPA appointing one or more Attorney’s to make decisions on their behalf. You cannot make an LPA jointly with another person; each person must make his or her own LPA.
Who is a Certificate Provider?
This is a person that you must select to confirm that you understand the LPA and can confirm that you are not under any pressure to make it. If required, our solicitors at Freers Askew Bunting can be your Certificate Provider. The certificate is a vital part of the LPA document, without it, the LPA is not valid and cannot be registered.
Should you require further assistance or wish to make an appointment to make an LPA, please contact our Private Client department on 01642 244666.

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