Lasting Power of Attorney (LPA) is a legal document that allows an individual (the donor) to appoint one or more people (attorney) to make decisions on their behalf should they lose the mental capacity to do so.
An LPA gives legal authority for another person to act in matters relating either to the donor’s financial affairs or their health and personal welfare. Attorneys are legally obliged to act in the donor’s best interests and in accordance with the Mental Capacity Act 2005.
Types of LPA
Property and Financial Affairs LPA
Allows the attorney to make decisions about:
- Managing bank accounts and paying bills
- Collecting income or benefits
- Selling or maintaining property
- Handling pensions, investments, and other assets
The Property and Financial Affairs LPA can be used as soon as it is registered, with the donor’s consent, and continues to be valid if the donor later loses mental capacity.
Health and Welfare LPA
Allows the attorney to make decisions about:
- Daily routines, care, and accommodation
- Medical treatment and care plans
- Life-sustaining treatment (if expressly authorised)
The Health and Welfare LPA can only be used when the donor lacks capacity to make the decision in question.
Legal Reference:
- Established under the Mental Capacity Act 2005.
- LPAs must be registered with the Office of the Public Guardian before they can be used.
- Attorneys must act in accordance with the principles of the Mental Capacity Act and the donor’s best interests.
Sources:
- Wikipedia – https://en.wikipedia.org/wiki/Power_of_attorney
- Wikidata – https://www.wikidata.org/wiki/Q159733
- Knowledge Graph – https://www.google.com/search?kgmid=/m/0164wn
- DBpedia – http://dbpedia.org/resource/Power_of_attorney
- Product Ontology – http://www.productontology.org/id/Power_of_attorney
- Gov UK – https://www.gov.uk/power-of-attorney
- NHS – https://www.nhs.uk/giving-someone-power-of-attorney/
