- What is a Lasting Power of Attorney?
A Lasting Power of Attorney (also known as LPA) is a legal document that allows a person to appoint people (called their Attorneys) to make decisions on their behalf if they were to lose capacity. There is one for Property & Financial decisions (ie dealing with everything you own) and one for Health & Welfare decisions (such as medical treatment, care decisions and life support).
- I made an Enduring Power of Attorney, is this still valid?
Yes, any Enduring Power of Attorney which was completed before 1st October 2007 still remains valid unless otherwise revoked. After 1st October 2007 only Lasting Powers of Attorney can be made.
- Who can make a Lasting Power of Attorney?
Anybody who is 18 years old or over and has mental capacity to understand making a Lasting Power of Attorney.
- Who can be an Attorney for me?
Anybody who is over 18 can be an Attorney (unless you have been declared bankrupt before then you cannot be a financial Attorney). You should only choose people you completely trust to act in your best interests. It is also possible to appoint a professional as an Attorney (such as a solicitor).
- How many Attorneys can I appoint?
As many as you like. There is no limit, but you should always consider carefully who you have any if more than one, how well they would work together with other Attorneys.
- How do my Attorneys act/work together?
If there is more than one Attorney appointed, then they can either be appointed jointly or jointly & severally. Jointly means every single decision (no matter how big or small) must be agreed by all Attorneys. Jointly & severally means that Attorneys can work together but they can also act on their own. Jointly & severally is generally more common as it provides much more flexibility, especially if Attorneys are not all local.
- Who signs a Lasting Power of Attorney?
The person making the Lasting Power of Attorney (also known as the donor) will sign the document. They will have their signature witnessed and then a certificate provider will sign after them. Lastly all the appointed attorneys will sign the document (with their signatures being witnessed).
- What is a certificate provider?
A certificate provider is someone who signs the Lasting Power of Attorney to confirm that the person making the document has mental capacity and understands the contents of the document. Often professionals might act as certificate providers such as solicitors, social workers or doctors.
Alternatively, the certificate provider can be any independent person who is over 18 and has known the donor for at least 2 years.
- What happens once everyone has signed?
Once the document has been signed by everyone necessary, it has to be registered at the Office of the Public Guardian (the court which oversees these matters) before the Attorneys can use it to start helping.
- Does it have to be registered with the Court before my Attorneys can use it?
Yes, a Lasting Power of Attorney must be registered with the Office of the Public Guardian before an Attorney can use it. There are no exceptions.
- What happens to the original Lasting Power of Attorney?
If Solicitors have been instructed to make the documents for you then they may offer storage of the document (at Fisher Jones Greenwood we offer free storage for documents we have prepared). Otherwise, the originals can be kept by the person who made the documents, this should be in a safe place and it would be wise to let the Attorneys know where it is.
- Do Attorneys need the original document to exercise their powers?
Not necessarily. Attorneys can use either the original document or they can use certified copies of the document. Certified copies can be provided from the Office of the Public Guardian or other professionals (usually for a charge) as long as the original document has been seen/copied.
- What happens if someone has already lost capacity, can they still make a Lasting Power of Attorney?
No. You can only make a Lasting Power of Attorney if you have mental capacity. If you have already lost capacity then applications to the Court of Protection would need to be made instead.
If you have any further questions, then please do not hesitate to contact us on 01206 835261 or contact us.