Lasting Power of Attorney

• A Lasting Power of Attorney (LPA) is a legal document that states, “If I ever become seriously ill, fall into a coma, or otherwise become incapacitated and unable to take care of myself, I grant this person or these people the authority to act on my behalf.”
• This document must be created before you are declared unable to manage your own affairs, as you will no longer have the legal capacity to sign it after that point.

• Without an LPA, no one has the legal authority to make financial or health decisions on your behalf, potentially causing delays in treatment or financial transactions.
• Your family or close ones may need to go through a lengthy and often expensive legal process to be granted guardianship or conservatorship. This can create stress and conflict among family members.
• Decisions might be made by persons who don’t fully understand your wishes or who have differing opinions on what is best for you, potentially resulting in choices you would not have made yourself.
• Without someone to manage your financial affairs, you may become more susceptible to fraud or financial mismanagement.
• The lack of a legally designated decision-maker can lead to emotional and psychological stress for your loved ones, who may be uncertain or disagree about what you would have wanted.
• Lack of an LPA for healthcare decisions could lead to delays in receiving the medical treatment you need, possibly affecting your prognosis.
• In extreme cases, disagreements between family members over who should act on your behalf could result in legal battles, depleting emotional and financial resources.

Creating a Lasting Power of Attorney (LPA) involves several steps and must comply with the Mental Capacity Act 2005. Here’s a general guide on how to go about it:

• Your advisor at Simple Family Law, will guide you through the process, to make sure that every decision is made on an informed basis. Some of the questions you’ll have to answer is:
  • Who do you want to act on your behalf. You can choose more than one person and specify whether they can act “jointly” (making decisions together) or “jointly and severally” (making decisions independently of each other).
    • There are two main types of LPA:
      • Property and Financial Affairs LPA: For making decisions about your property and finances.
      • Health and Welfare LPA: For making decisions about your health and care.
• You and your chosen attorneys must sign the forms in the presence of a witness. The witness must also sign the form.
• A “certificate provider” must also sign the form, confirming that you understand what you’re doing and that nobody is pressuring you into making an LPA. This can be someone who has known you for at least two years or a professional, like a doctor or a lawyer.

Simple Family Law will help you through each step, to make sure everything goes smoothly.

• After all forms are completed and signed, you’ll need to register the LPA with the Office of the Public Guardian (OPG). There is usually a fee associated with this, although some people may qualify for a reduction or exemption based on financial hardship.
• Once submitted, it takes about 8 to 10 weeks for the LPA to be registered if there are no errors or objections. Once registered, the LPA can be used (although a Health and Welfare LPA can only be used once you’re unable to make decisions for yourself).
• Safely store the original LPA and inform your attorneys where it is located.