If you want power of attorney to look after someone’s personal welfare, you may be able to take out a personal welfare lasting power of attorney. A property and financial affairs LPA must be registered before it can be used. However, you don’t have to wait until someone loses their mental capacity before using it. A property and financial affairs LPA will come into effect as soon as it is registered.

The certificate provider must be someone you know well or a professional person such as a doctor, social worker or solicitor. There are different types of power of attorney and you can set up more than one. Some people will be able to make decisions about some things but not others. For example, they may be able to decide what to buy for dinner, but be unable to understand and arrange their home insurance.

This gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions (you ‘lack mental capacity’). Need a little help with looking after your day-to-day banking, for a shorter period of time, but you don’t want someone to make decisions for you. Making plans for the future can be helpful for people with dementia and their carers. Our guide on planning ahead is part of a series of nine booklets that have been written for people with dementia. Download a digital copy or order a printed version of the booklet here.

Different Types Of Power Of Attorney

If you or a loved one has an EPA in place, and there comes a time when it needs to be used, we can help you to register it, to allow you to act under it on behalf of your relative or friend. In addition, an LPA will ensure you’re assisted by the person you choose, which may not be the person applying. Peace of mind, knowing your affairs will be taken care of by the person you choose. We would love to hear from you and discuss any legal issues you may have and how we can assist you. If you are looking to make a Lasting Power of attorney, or someone has just appointed you to act on their behalf, you probably have many questions about what an attorney can and can’t do. There are some decisions you as an attorney cannot make for another person.

  • With a property and affairs LPA, you can allow your attorney to make decisions even if you can still make them yourself.
  • You might need to do this if an urgent decision needed to be made to protect someone’s health or safety.
  • We would love to hear from you and discuss any legal issues you may have and how we can assist you.
  • If there comes a time when you can’t manage your finances anymore, the person you appoint as your attorney will be able do this for you.

If the donor has an income below £12,000, or gets certain benefits, they might qualify for a lower fee, or the fee might be waived altogether. If you’re eligible for a reduction the completed form for this will be given to you at the end of this service. You can pay your application fee by card online or send a cheque with your LPA to OPG. Also known as a Medical Power of Attorney, this enables you to set out how you would like to be cared for should you lose your mental capacity or are unable to communicate your wishes. Although lasting power of attorney registration is relatively simple, the donor must have full capacity and understanding when executing the LPA.

Who Can Make A Power Of Attorney

FREE CONSULTATION We offer a free initial meeting for many of our services – find out more. If you’re looking for a Power of Attorney solicitor in Newbury, Hungerford, Marlborough or in fact anywhere in the UK, we’re here to help. Acting as an attorney means you should maintain a duty of care to the donor, not to benefit yourself. The Office of the Public Guardian also gives notice to the donor that the LPA has been registered. Talk to a solicitor if you have problems answering any of the questions or if you want them to check what you have done.

What Can You Do If You Think Someone Isn’t Acting In The Best Interests Of Someone Who Has Lost Mental Capacity?

You can restrict the types of decisions your attorney can make, or let them make all decisions on your behalf. Find out what to do if you make decisions jointly with someone who stops acting as an attorney. If you want us to we can revoke, amend or update attorney details that have already been registered, please contact the helpline. Please make sure you’ve read the FSCS information sheet and exclusions before completing the registration form.

These allow you to refuse certain medical treatments or to express your preferences about your future care and things that are important to you. Unlike an LPA or EPA, general or ordinary powers of attorney cannot be used if you become unable to make decisions about your property or finances in the future. You may have already refused certain future treatments in an advance decision before making a health and welfare LPA. If so, you need to think about how the advance decision and the LPA will work together. A Lasting power of attorney is a legal tool that lets you choose someone you trust to make decisions for you. This person is referred to as your ‘attorney’, and you can choose what decisions they can make for you.