Types of LPAs
Your attorneys would be able to make decisions on your behalf about matters relating to your property and financial affairs. This includes day to day decisions such as paying your bills, collecting your pension and managing your bank accounts, but also bigger decisions such as selling your property. They can also make gifts and donations to charity on your behalf.
The LPA for property and financial affairs can be used by your attorneys, with your consent, as soon as it is registered, if you wish. This can make the power quite useful as your attorneys could make decisions on your behalf with your consent if you were unable to do so if, for example, you were on holiday or unwell.
Alternatively, you can decide only to grant the power to your attorneys in the event that you lose the mental capacity to make decisions about your property and financial affairs. However, this can be less useful.
Types of LPAs
Your attorneys would be able to make decisions on your behalf about matters relating to your health and welfare. This includes day to day decisions such as your diet and daily routine, but also bigger decisions such as where you live and whether you should receive life-sustaining medical treatment.
When granting this power, you must choose whether your attorneys can give or refuse consent to life-sustaining treatment on your behalf. The treatment could include procedures such as a serious operations, cancer treatment or artificial nutrition or hydration. If you choose this option, your attorneys can speak to doctors as if they were you.
If you decide not to give your attorneys authority to give or refuse consent on your behalf, your doctors will take into account the views of the attorneys and of people who are interested in your welfare. Any written statement you may have made will also be considered, where it is practical and appropriate.
Please note that you could include further information about your wishes in relation to life-sustaining treatment in the preferences section of the LPA for your attorneys to consider.
Unlike the LPA for property and financial affairs, this power can only be used by your attorneys once it is registered and in the event that you have been deemed to lack the mental capacity to make decisions about your health and welfare.
“I'd like to reinvest all interest from each year’s investments into next year’s ISA allowance.”
“I would like to maintain a minimum balance of £1,000 in my current account.”
“I prefer to invest in ethical funds.”
“I prefer to live within five miles of my sister.”
“I’d like to be prescribed generic medicines where they are available.”
“I would like to take exercise at least three times a week whenever I am physically able to do so. Whether or not I am mobile, I would like to spend time outdoors at least once a day.”
Registration of your LPA.
We advise that you register the LPA as soon as it has been completed and signed. This is to ensure that any concerns that the Office of the Public Guardian has can be rectified as soon as possible.
There will be a registration fee of £82 per LPA charged by the Office of the Public Guardian.
There is a guide online which you can refer to here.
When the attorney(s) signs the LPA form they must agree to have regard to the Mental Capacity Act 2005, regulations made under it and the Code of Practice. The Code of Practice can be found here.