Whether you have been named as someone’s Lasting Power of Attorney (LPA) or you are looking to appoint one for yourself, you should know what is right, the responsibilities and limitations that come with this legal appointment.

What is a Lasting Power of Attorney?

Like most legal undertakings, setting up and using a Lasting Power of Attorney document can be a confusing process.   Fisher Jones Greenwood will gladly assist in providing you with their experience in the drafting of all relevant documentation in line with the strict guidelines covering Lasting Powers of Attorney. These applications enable ageing adults and their families to create a solid plan for addressing future care needs and financial needs and offer invaluable peace of mind.

A LPA document allows a person (referred to as the Donor) to decide in advance whom they trust and want to act on their behalf should they be unable or incapable of making decisions for themselves.   The person(s) who are appointed to act on behalf of the Donor are known as the Attorney(s).

Going forward, it is important to distinguish between the two main types of LPA: Property & Financial Lasting Power of Attorney and Health & Welfare Lasting Power of Attorney.

Medical Lasting Power of Attorney:

This is known as a Health & Welfare Lasting Power of Attorney and gives your Attorney(s) the ability to make decisions about the care the Donor receives if they are incapacitated.

Financial Lasting Power of Attorney:

This is known as a Property & Financial Lasting Power of Attorney and gives your Attorney(s) the ability to make financial decisions on behalf of the Donor.

Each Lasting Power of Attorney can be broad or narrow depending on how the LPA documents are drafted.   Set out below are a few examples of the kind of decisions a Donor can allow their Attorneys to make with each type of LPA.

What can a Medical Lasting Power of Attorney Do?

An Attorney with a valid Lasting Power of Attorney for Health & Welfare may be able to:

  • Decide what medical care the Donor receives, including hospital care, surgery, psychiatric treatment, home health care etc. Obviously, these choices are dependent upon the financial means of the Donor.
  • Choose which doctors and care providers the Donor uses.
  • Determine where the Donor lives. This includes decisions regards residential long-term care, such as assisted living, memory care and nursing homes. Again, the Donor must be able to afford their living arrangements.

What can a Financial Attorney Do?

An Attorney with a valid Lasting Power of Attorney for Property & Financial may be able to:

  • Access the Donor’s financial accounts to pay for health care, housing needs and other bills.
  • File taxes returns on behalf of the Donor.
  • Make investment decisions of behalf of the Donor.
  • Collect the Donor’s debts.
  • Manage the Donor’s bank accounts to enable household bills and care fees to be paid.
  • Apply for public benefits for the Donor.

What a Lasting Power of Attorney cannot do:

Any appointed Attorneys would be unable to do the following:

  • Change the Donor’s Will.
  • Break the duty to act in the Donor’s best interests.
  • Make decisions on behalf of the Donor after their Death. An LPA ends with the death of the Donor. However, the Attorney may also be named as the Executor of the Donor’s Will.
  • Change or transfer the LPA to someone else. Unless the Donor names a co Attorney in the same LPA document or is still competent to appoint someone else to act on their behalf. An Attorney cannot choose who takes over the duties.

If Fisher Jones Greenwood can assist you in the preparation of either a Property & Financial or Health & Welfare Lasting Power of Attorney, then please do not hesitate to contact us on 01206 835261 or email [email protected] to arrange a convenient appointment.