Lasting Power of Attorney

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that allows a “donor” to designate one or more reliable people to make decisions for them in the event that they are no longer capable of doing so for themselves. The individual(s) will be your attorneys.

There are two primary kinds of LPA; one for health and welfare and another for property and finance.

When the donor is unable to make decisions for themselves, the health and welfare LPA allows lawyers to make decisions about the donor’s care and health. This covers choices about daily care requirements, living arrangements, and medical care.

The property and finance LPA is used when the donor appoints an attorney to manage their finance matters and property if they become incapable of doing so themselves. This can include handling tasks such as paying bills, managing bank accounts, selling property and making investment decisions.

Things to consider

  • When creating a health and welfare LPA, it is important to note that the appointed attorney can only make decisions when the donor lacks the mental capacity to make those decisions themselves.
  • An appointed attorney for a property and finance LPA can act for the donor as soon as the LPA is registered unless the donor specifies otherwise.
  • It is important for the donor to discuss their wishes and preferences with their appointed attorney(s) to ensure that their wishes are respected.
  • By appointing your own attorneys, you will have the choice in who will have responsibility over your affairs. If you are unable to make a decision, the court will select a representative for you.

How long does the conveyancing process take?

On average it can take around 8–10 weeks to register a straight forward LPA. This time-frame can change however depending on each individual matter and the complexities of it. Our solicitors understand the importance of acting quickly especially in situations where someone’s health is rapidly declining and therefore, we will do everything we can that this process completes and quickly and smoothly as possible.

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