These can also give someone permission to manage your property and finances on your behalf. Unlike a property and affairs LPA, a health and welfare LPA cannot be used to make decisions about your welfare or treatment that you can make for yourself. A health and welfare LPA allows your attorney to make decisions on your behalf about your health and care, if you are unable to make these decisions for yourself. This lets the person you appoint make decisions about your care and medical treatment. A Power of Attorney enables you to choose a person/or persons to deal with your property and affairs.
- Mental capacity means the ability to make or communicate specific decisions at the time they need to be made.
- You can ask for regular details of how much is spent and how much money you have.
- You may want to do this due to a change in your health or a change in your circumstances, such as moving abroad.
- Our Dementia Connect support line advisers can’t offer you professional legal advice.
The OPG is a government body that is responsible for the registration of LPAs (for more information see ‘How do I make an LPA?’). You can appoint the same person to be your attorney for both, or you can have different attorneys. It is advisable to seek legal advice as careful consideration should be given to the range of powers you wish to give to your attorney.
Lasting Power Of Attorney Solicitors Blackpool
They should not accept instructions or authorisation from anyone else, including the person who is to become your attorney. If all you need is for someone to be able, temporarily, to operate a bank account for you, you can just write to your bank. Many banks have their own form, called a form for third party mandate, which they will ask you to complete and return to them.
There is one form for a property and affairs LPA and a different form for a health and welfare LPA. If you want someone to look after your financial affairs and your health and welfare, you will need to make two separate LPAs and fill in both forms. It’s not possible to use a health and welfare LPA until the person who made it has lost their mental capacity.
What Is A Lasting Power Of Attorney?
If you want to manage the affairs of someone who you think might lose their mental capacity and you don’t already have an EPA, a lasting power of attorney should be used. The LPA must always include authority for the attorney to make decisions once the donor has lost their mental capacity. A Lasting Power of Attorney is a legal form which allows a person to choose someone else to manage their affairs for them. Under an LPA the person who is chosen to be an attorney can be a friend, relative or a professional person.
Our Powers Of Attorney Team
You can give someone power of attorney to deal with all your financial affairs or only certain matters, for example to buy and sell property or change investments. An ordinary power of attorney which only gives authority to deal with certain matters is also known as a limited power of attorney. An EPA deals only with property and financial affairs, not with personal welfare issues. If you lose mental capacity to make or communicate your own decisions before setting up a power of attorney, an organisation called the Court of Protection may become involved. Power of Attorney lets you arrange for someone you trust to make decisions on your behalf and manage your finances on your behalf.