Lasting Power Of At­torney Guide

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Catrin, UK Solicitor
22/02/2024 ● 5 minutes
Nav­ig­at­ing life's un­cer­tain­ties be­comes easier with a Lasting Power of At­torney (LPA), a cru­cial legal tool for when you can't make de­cisions due to ill­ness or injury. Our con­cise Lasting Power of At­torney guide sim­pli­fies the pro­cess of set­ting one up, en­sur­ing your future is in trusted hands. Dis­cov­er how to pro­tect your in­terests with our straight­for­ward advice and di­git­al re­sources.

The future can be un­pre­dict­able. One day you could be fine, and the next, you can’t make your own de­cisions due to ill­ness, injury or old age. In these times es­pe­cially, it’s im­port­ant to have someone you trust who is ready to manage things for you. This is where the Lasting Power of At­torney (LPA) comes into play.

In this guide to Lasting Power of At­torney , LPA’s we’ll cover everything you need to know about them, from their defin­i­tion and im­port­ance to set­ting one up. We’ll give you advice that’s much sim­pler than a Lasting Power of At­torney guide gov­ern­ment ser­vices offer.

We’ll also tell you about a di­git­al ser­vice that can help you nav­ig­ate through every aspect of an LPA, making sure that your future is pro­tec­ted.

Guide for Un­der­stand­ing What Is an LPA

An LPA is a legal doc­u­ment that allows someone (known as the donor) to ap­point one or more people (known as at­tor­neys) to make de­cisions on their behalf if they can’t do so them­selves. It gives you peace of mind know­ing that your in­terests will be looked after even in an emer­gency.

There are two types of LPAs – a Health and Wel­fare LPA and a Prop­erty and Fin­an­cial Af­fairs LPA. You can choose to set up both types of LPAs or just one.

With that in mind, let's take a closer look at these two types of LPAs with our brief lasting power of at­torney health and wel­fare guide and prop­erty and fin­an­cial af­fairs guide.

Health and Wel­fare LPA

A Health and Wel­fare LPA gives your chosen at­torney(s) the au­thor­ity to make de­cisions about your:

  • Medical Treat­ment – What kind of medical treat­ment you should re­ceive
  • Care Ar­range­ments – De­cid­ing where you will live
  • Other Per­son­al Wel­fare Mat­ters – Whom you want to have access to your per­son­al in­form­a­tion

Prop­erty and Fin­an­cial Af­fairs LPA

A Prop­erty and Fin­an­cial Af­fairs LPA gives your chosen at­torney(s) the power to manage your:

  • Fin­ances – Paying bills and man­aging bank ac­coun­ts
  • Prop­erty – Selling or buying prop­erty on your behalf
  • Other Fin­an­cial Mat­ters

Read more: How to Use a Lasting Power of At­torney?

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Why Is An LPA Im­port­ant?

As men­tioned earlier, an LPA provides peace of mind know­ing that your wishes will be fol­lowed even if you can’t make de­cisions for yourself. It also allows you to choose someone you trust to handle your af­fairs. Oth­er­wise, those de­cisions would be in the hands of a court-ap­poin­ted deputy.

Set­ting up an LPA can also help avoid po­ten­tial con­flicts or dis­putes among family mem­bers. This doc­u­ment en­sures clar­ity and trans­par­ency in de­cision-making. It helps pre­vent any mis­un­der­stand­ing about who should make de­cisions on your behalf and what you would like done.

Guide for Dif­fer­ent Scen­ari­os with and without an LPA

Here's a table ex­plain­ing what hap­pens in dif­fer­ent scen­ari­os re­garding Lasting Power of At­torney (LPA) in the UK:

Scen­ar­ioWhat Hap­pens
LPA for Prop­erty and Fin­ancesA chosen at­torney can make de­cisions about paying bills, man­aging in­vest­ments, and selling prop­erty on behalf of the person.
LPA for Health and Wel­fareA des­ig­nated at­torney can make de­cisions about medical care, living ar­range­ments, and life-sus­tain­ing treat­ment if the person is unable to do so.
No LPA or Pre­par­a­tionsWithout any LPA, de­cisions about fin­ances, health, and wel­fare may be made by the court or ap­poin­ted guard­i­ans, po­ten­tially lead­ing to delays and de­cisions that might not align with the person’s wishes.

Read more about the role of LPA at­torney.

LPA and De­mentia

If a person is dia­gnosed with de­mentia, it may already be too late to set up a Lasting Power of At­torney (LPA). This is be­cause cre­at­ing an LPA re­quires the person to have the mental ca­pa­city to un­der­stand the im­plic­a­tions of the doc­u­ment they are sign­ing.

Once de­mentia pro­gresses to a point where this un­der­stand­ing is im­paired, the in­di­vidual may no longer be eli­gible to make an LPA. This un­der­scores the im­port­ance of ar­ran­ging an LPA well in ad­vance, en­sur­ing that your wishes re­garding your prop­erty, fin­ances, health, and wel­fare can be re­spec­ted and acted upon by someone you trust, even if you become unable to make these de­cisions yourself in the future.

⚠️ Make sure that you write your LPA sooner than later. If you don't have an LPA, then you will be ap­poin­ted a deputy.

Lasting Power of At­torney Guid­ance on Set­ting Up

Set­ting up an LPA in­volves a few steps that you must follow care­fully to avoid legal trouble.

Here’s a Break­down of the Pro­cess:

  1. Choose Your At­torney(s) – This should be someone you trust to make de­cisions on your behalf. It can be a family member, a friend, or a pro­fes­sion­al like a so­li­citor.
  2. Fill Out The Forms – You can obtain the ne­ces­sary forms from the Office of Public Guardi­an (OPG). Or you can seek as­sist­ance from a so­li­citor or spe­cial­ist ser­vice provider.
  3. Notify The People In­volved
    • Once you have com­pleted and signed the forms, you must notify anyone who needs to know about your LPA. You should talk to close family mem­bers and those named in the LPA.
  4. Re­gister Your LPA – You can’t use your LPA until it’s of­fi­cial. To make it legal, you’ll need to re­gister your LPA with the OPG. Be pre­pared: the re­gis­tra­tion fee for each LPA is £82, or £164 for both. Some people are eli­gible for free or re­duced re­gis­tra­tion.
  5. Start Using Your LPA

As you can see in the steps above, you have to provide a lot of pa­per­work and in­form­a­tion to make a legal LPA.

💡 To make sure everything is in order, we re­com­mend you seek pro­fes­sion­al advice to help you in this pro­cess. A trusted di­git­al ser­vice like Aatos can also be useful in keep­ing you on track.

Read more about Lasting Power of At­torney forms

Set­ting up an LPA helps pro­tect your future and gives you peace of mind in an un­cer­tain world. In an emer­gency, you know that someone you trust will take care of your af­fairs. We hope this Lasting Power of At­torney guide pdf helped you learn the basics of this doc­u­ment.

We know that it can be over­whelming to even think about set­ting up an LPA. But it could be much easier with sup­port. That’s where Aatos comes in.

Aatos is an online ser­vice de­veloped by law­yers. We com­bine the latest tech­no­lo­gy with people-first ser­vices. We're help­ing you create lasting power of at­torney online and other legal meas­ures with tech­no­lo­gy that’s there to guide you every step of the way. We also cus­tom­ise our ser­vice to meet your needs. We're trying to make the world of law more ac­cess­ible for you.

Don't wait until you need legal ser­vices - take action now to pro­tect your future with an LPA. And make this pro­cess un­be­liev­ably easy with your friends Aatos!

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