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Power of Attorney
Power of Attorney
A lasting power of attorney (“LPA”) is a document by which one party (“the donor”) gives another person (“an attorney”) the power to act on their behalf and in their name. It may be a general power or limited to certain defined purposes.
There are two types of LPA. An LPA that grants authority in relation to the donor’s property and affairs or an LPA that grants authority in relation to the donor’s personal welfare.
Your requirements should be carefully considered and discussed with your solicitor or legal advisor so that they can be correctly implemented.
A Lasting Power of Attorney allows one party (the donor) to appoint another party (the attorney) to make decisions on their behalf when they are unable to do so for themselves.
You can fill in Lasting Power of Attorney forms for yourself or if you are helping someone else make a Lasting Power of Attorney. However, if there are complicated details (such as finances) or specific instructions for the attorneys, you may want to get legal advice.
An attorney can only use a Lasting Power of Attorney once it has been registered with the Office of the Public Guardian. A health and welfare Lasting Power of Attorney can only be used once the donor (the person needing help) is unable to make their own decisions.
A court or a medical professional will help in deciding if someone has lost the mental capacity to make decisions.
A donor can register their own Lasting Power of Attorney while they are able to make their own decisions. Alternatively, it can be registered by the attorney(s).
There is no requirement to register a Lasting Power of Attorney immediately but there are advantages in doing so. Immediate registration means any errors in the Lasting Power of Attorney can be identified at a time when they can be corrected.
There is a fee to register a Lasting Power of Attorney. The fee can be reduced for someone on specific benefits or if they have a low income.
There are two forms that need to completed to register a Lasting Power of Attorney. They must be completed by the donor or the attorney, depending on who is applying to register the Lasting Power of Attorney.
The two forms are:
- LPA001 – notice of intention to apply for registration of a Lasting Power of Attorney
- LPA002 – application to register a Lasting Power of Attorney
Form LPA001 is used to let certain people know that the Lasting Power of Attorney is being registered. These are the ‘people to be told’ that are named on the Lasting Power of Attorney form.
They can object if they are worried about the Lasting Power of Attorney – for example, if they think the donor has been pressured to make it. They will have up to six weeks to do this.
Form LPA002 asks the Office of the Public Guardian to register the Lasting Power of Attorney.
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