 | An excerpt from Lawpack's Power of Attorney Kit . |
A Lasting Power of Attorney is a legal document that allows you to formally appoint a close friend or relative as an 'attorney' so that they can make decisions on your behalf.
You can give them the power now to be able to make decisions in the future, if a time should arise when you may not want to make such decisions or you don't have the mental capacity to do so.
You can draw up a Lasting Power of Attorney (LPA) at any time, but it can only be used once it has been registered with the Office of the Public Guardian. Anyone over the age of 18, who has capacity to create one, can make a power of attorney, but you cannot make a Lasting Power of Attorney jointly with another person.
Lasting Powers of Attorney come in two forms: a Lasting Power of Attorney Property and Financial Affairs ('LPA PFA') and a Lasting Power of Attorney Health and Welfare ('LPA HW').
Lasting Power of Attorney Property and Financial Affairs (LPA PFA)
A Lasting Power of Attorney Property and Financial Affairs lets you (as the 'Donor') authorise one or more people to make decisions on your behalf about how your property and affairs are managed and how your money is spent.
The Lasting Power of Attorney Property and Financial Affairs can be used if you lack capacity, but it can also take affect whilst you still have capacity. For example, you may find it easier to give someone the power to pay your bills if you're abroad for long periods of time, or you may want someone to collect your benefits for you if you can't get out of the house easily.
You can decide to give your Attorney(s) the power to make decisions about any or all of your property and affairs.
They could have powers of attorney to sell your home or buy property for you in your name. They could make decisions about how your care (including healthcare) should be paid for or they could decide to carry on (or wind up) your business.
But they cannot make decisions about your personal welfare. These decisions must be made under a Lasting Power of Attorney Health and Welfare or, if this isn't possible, by the Court of Protection or someone appointed by the Court.
Lasting Power of Attorney Health and Welfare (LPA HW)
A Lasting Power of Attorney Health and Welfare allows you to authorise one or more people to make decisions on your behalf regarding your healthcare and personal welfare, but the Attorney(s) only have power of attorney to make those decisions once you're incapable of doing so; for example, if you're unconscious or because you're starting to suffer from a condition such as dementia.
Decisions about your personal welfare are wide-ranging and can include decisions about where you live, how you're cared for and what healthcare you receive. This can include specific decisions about medical treatments or more general decisions about whether you continue to live in your own home, perhaps with help and support from social services, or whether residential care would be more appropriate for you.
The decision to send you to a nursing home and the payment of that home cannot be made using a Lasting Power of Attorney Health and Welfare alone. The Attorney(s) must have the power from a Lasting Power of Attorney Property and Financial Affairs for the payment, and a Lasting Power of Attorney Health and Welfare for the decision to put you in the home.
If you want your Attorney(s) to be able to make decisions about 'life-sustaining treatment', then you have to expressly give them the power to make these kind of decisions by completing section 5 of the Lasting Power of Attorney Health and Welfare form.
You can make a legal document called an 'Advance Decision' (also called a Living Will), in which you can specify in advance in what circumstances you don't wish to receive specified treatments.
An Advance Decision differs from a Lasting Power of Attorney Health and Welfare in that it refuses treatment, whereas the Lasting Power of Attorney Health and Welfare gives the Attorney the power to consent to or refuse treatments.
A Lasting Power of Attorney Health and Welfare doesn't apply to any decisions of a financial nature, which must be made under a Lasting Power of Attorney Property and Financial Affairs or, if this isn't possible, by the Court of Protection or someone appointed by the Court.
You can find out more about making a power of attorney here , including making a Scottish power of attorney, or you can stop worrying and make a Power of Attorney today here .
Further information
Article: What does a power of attorney do?
Article: How to register a LPA
Article: Choosing Attorneys for your power of attorney
Article: Can I still use my Enduring Power of Attorney
Download: Advance Decision form
Make a Power of Attorney today
Download a General Power of Attorney form
