A Lasting Power of Attorney (LPA) is a written document authorising another person to act on behave of you in regards to your financial affairs. You are entitled to chose who you wish to represent you if you become unable to manage your financial affairs for whatever reason. This person can be a family member, friend or professional.
A LPA can be drawn up at any time while you have the mental capacity to do so and must be registered with the Office of the Public Guardian in order to be legal.
There are two types of LPA that you can create:
Property and Affairs LPA (Lasting Power of Attorney)
This allows you to choose someone to make decisions about how to manage your money and can include decisions about your property and how it is managed.
Personal Welfare LPA (Lasting Power of Attorney)
This allows you to choose someone to make decisions based around your health and welfare and includes decisions to refuse medical treatment and deciding where you live.
The Court of Protection has the same powers, privileges and authority in relation to mental capacity matters as the High court and as such will decide on the following:
- Whether a person has capacity to make a decision
- Decide if an LPA is valid
- Remove deputies or attorneys who fail to carry out their duties properly
- Appoint deputies to make decisions for those who may not have the capacity to do so anymore
As LPAs and the Court of Protection go hand in hand it is important that you chose a effective and efficient legal company who can assist in all your legal matters, and Fussell Wright can do this.
If you seek further advice on LPAs or the Court of Protection then please contact us where our solicitors will be pleased to help.