Lasting Power of Attorney (LPA) 

  An LPA is made by a person who has mental capacity, in preparation for if a time comes that they lose capacity.

  That person (termed 'the donor') nominates in the LPA one or more other persons as attorneys. This gives the attorneys the power, at the appropriate time, to make decisions on behalf of the donor. The attorneys must act in the donor's best interests.
 

  There are two different types of LPAs. One covers property and financial affairs. The donor's attorneys would be able to, for example, 

   buy or sell property, if that was considered to be in the best interests of the donor • operate the bank account(s) and invest any savings on the donor's behalf • pay the donor's rent, mortgage and household expenses • insure, maintain and repair the donor's property • claim pensions and welfare benefits on the donor's behalf • manage any shareholding that the donor owns. 

  A person who has a self employed business, or is the sole director and shareholder of a company, could consider making a separate property and financial affairs LPA in relation to their business.
 

  The other type of LPA covers health and welfare matters. The attorneys would make decisions in those areas, based on consideration of the donor's best interests. An example of this is that the attorneys would be able to arrange for the donor appropriate day to day care and medical, dental and optical treatment.

  The donor can, in an LPA, choose to place limitations on what the attorneys can and cannot do. As examples, in a property and financial affairs LPA the donor might include the restriction that the attorneys cannot sell the donor's home unless the doctor's opinion is that the donor cannot manage independently and might also include a restriction that an independent financial adviser needs to be consulted before the attorneys make investments over a set amount. 

  All LPAs have to be registered with the Office of the Public Guardian.
 

  For information about having an LPA prepared, tailored to your individual circumstances, please contact us.