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Lasting Power of Attorney (LPA)

A legal document that allows an individual to appoint someone they trust to make decisions on their behalf if they become unable to do so.

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Service Description

A Lasting Power of Attorney (LPA) is a legal document that allows an individual (known as the “donor”) to appoint one or more people (known as the “attorney(s)”) to act on their behalf if they were to become mentally or physically incapable of making their own decisions.

There are two types of LPAs: a Property and Financial Affairs LPA and a Health and Welfare LPA.

A Property and Financial Affairs LPA gives the attorney(s) the authority to manage the donor’s finances, including paying bills, managing investments, and selling their home. This type of LPA can be used even if the donor still has mental capacity.

A Health and Welfare LPA gives the attorney(s) the authority to make decisions about the donor’s healthcare, such as where they live, what medical treatment they receive, and what kind of social activities they participate in. This type of LPA can only be used if the donor lacks mental capacity.

It is important to note that an LPA can only be made while the donor still has mental capacity. If the donor loses mental capacity before making an LPA, their family or friends will have to apply to the Court of Protection to become their deputy. This process can be lengthy and expensive, so it is advisable to make an LPA as early as possible.

When creating an LPA, the donor must choose an attorney they trust and who is willing to take on the responsibility. They must also choose whether they want a single attorney or multiple attorneys to act jointly or separately. It is important to discuss the appointment with the attorney(s) beforehand, so they are aware of their responsibilities and the donor’s wishes.

Overall, an LPA can provide peace of mind for both the donor and their loved ones by ensuring that decisions can still be made on their behalf if they become incapacitated. It is a powerful legal document and should be carefully considered and prepared with the assistance of a legal professional.

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