LAST I N G
P OW E R S O F
AT T O R N EY
With 12.5 million people in the UK over the age of 65 and just under 1 million Lasting Powers of Attorney
registered with the Court of Protection, it’s hard to believe that despite the number of people being
affected by dementia or some other illness which affects their capacity, measures aren’t being put in place
to protect loved ones.
A Lasting Power of Attorney is a legal document which allows a person (called the donor) to appoint
someone they know and trust to make decisions on their behalf should they become unable to do so in the
future. This person is called an attorney. Attorneys must always act in the best interest of the donor.
There are 2 types of LPA:-
• Health and Welfare
• Property and Financial Affairs
Let’s look at what each LPA can do and what decisions it covers:
Health and Welfare
• Day to day decisions such as exercise, dietary
requirements
• Medical care
• Life sustaining treatment
• Relocation into a care home or sheltered
accommodation Property and Financial Affairs
• Managing bank accounts
• Paying bills
• Collecting income and benefits
• Making decisions with regards to the home
• Selling the home
• Managing investments
A Health and Welfare LPA can only be used once
it has been registered with the Office of Public
Guardian (OPG) and when the donor loses mental
capacity. A Property and Financial Affairs LPA can be used
as soon as it is registered with the OPG. The
donor can restrict the rights the attorneys have
under the “instructions” section of the LPA form.
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the society of will writers