A Lasting Power of Attorney (LPA) is an important document that gives one or more people (known as your attorney(s)) the legal authority to make decisions on your behalf should you lose the capacity to make certain decisions for yourself.
LPAs are not just relevant to older people. Accidents can happen at any age, and everyone over the age of 18 should have an LPA in place to protect themselves against unforeseen events.
There are two main types of LPA:
- Property and financial affairs. This gives your appointed representative(s) the power to make decisions involving your property and finances, including managing your bank account, paying household bills or selling your home.
- Health and welfare. This enables your attorney(s) to make decisions about your health and welfare, such as your medical care.
The role of an attorney is a crucial one. An attorney is entrusted with the responsibility of making important decisions on your behalf, and deciding whom to appoint should be something you consider carefully.
Who can act as an attorney?
Anyone over the age of 18 with mental capacity can act as an attorney. When you appoint someone to act as an attorney for your property and financial affairs LPA, there is the added condition that they may not be bankrupt.
Do I need to appoint the same attorney for both LPAs?
No, you can choose different attorneys for each LPA.
You can choose a single attorney or multiple attorneys to fulfil the role. There is no limit on the number of attorneys you can choose, although most people appoint between one and four attorneys.
If you appoint more than one attorney, you must specify whether they should act:
- Jointly.
- Jointly and severally.
- Jointly for some decisions and jointly and severally for other decisions.
Attorneys who are appointed to act jointly must always act together. If one attorney does not agree with a proposed action, that decision cannot be made.
Jointly and severally means they can each make decisions on their own, without the agreement of the other(s).
You can also name replacement attorneys in your LPA. These are people who can take on the role if your original attorney(s) cannot act, for example, because they lack capacity themselves or have pre-deceased you.
What are the responsibilities of an LPA attorney?
Attorneys appointed under an LPA must:
- Follow any instructions the donor has included in the LPA.
- Consider any preferences the donor has included in the LPA.
- Help the donor make their own decisions as much as they can.
- Make any decisions in the donor’s best interests.
- Respect their human and civil rights.
Whom should I choose as an attorney for an LPA?
An attorney should be someone you trust. Many people choose a family member or a close friend but you can also appoint a professional such as a solicitor or an accountant.
When considering whom to appoint as an attorney, it can help if you ask yourself the following questions:
- Are they of sound mind?
- Can I trust them to make decisions in my best interests?
- Are they reliable?
- Do they have the skills to carry out the role?
- Would they be willing to take on the role?
LPA Solicitors Blackheath
At Beverley Morris & Co. Solicitors, our team of LPA lawyers in Blackheath specialise in drawing up Lasting Powers of Attorneys on behalf of clients.
We also deal with the registration of LPAs at The Office of the Public Guardian upon the application of either the donor or the attorney.
Our regulated and qualified LPA lawyers can advise and guide you in a practical and compassionate manner. You may simply require our help in completing Lasting Power of Attorney forms or registering a Lasting Power of Attorney at The Office of the Public Guardian or you may prefer that we complete the whole process for you.
We are also able to act as a professional attorney if you so wish.
For more information or to speak with one of our solicitors specialising in LPAs, please call 020 8852 4433 or email privateclient@beverleymorris.co.uk.