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A Lasting Power of Attorney (LPA) is a legal document which bestows the person of your choice the power to manage your financial affairs and/or medical and welfare decisions if you were unable to now or in the future.

A Lasting Power of Attorney is the only document which gives this power after mental incapacity such as a stroke. It has to be registered with the Office of the Public Guardian.

A donor is the person making the Power of Attorney.

An attorney is the person the donor appoints to act.

 Who needs one?

  • Anyone who has assets in their sole name or owns shares in a property
  • Anyone who owns investments, like Tessa's or Peps or ISA's
  • Anyone who has Bank or Building Society accounts in their own name

In the event of an accident, illness or a problem abroad

  • All assets are frozen
  • Access to them is prohibited
  • There is a delay in dealing with bills then the Court of protection is the only option
  • A receiver is appointed and charges are incurred.

YOU CANNOT COMPLETE ONE AFTER THE EVENT!

If a person becomes mentally incapable of running his/her own affairs then the Office of the Public Guardian takes over. This can be an intrusive, lengthy and costly procedure. However, the situation can be avoided by the appointment of a Lasting Power of Attorney which is a simple document legally authorising one or more people you trust, to act on our behalf. This differs from a simple power of attorney which would be unable to deal with the situation.

 

 

   Signing

With regard to the signing of the lasting power, the donor must sign first and his or her signature must be witnessed by an independent witness. The witness need not know of the EPA's details.

 

  More Information From The Office of the Public Guardian

LPA102 - A guide for people who want to make a personal welfare Lasting Power of Attorney

LPA103 - A guide for people who want to make a property and affairs Lasting Power of Attorney

LPA104 - A guide for people taking on the role of personal welfare Attorney

LPA105 - A guide for people taking on the role of property and affairs Attorney

LPA107 - A guide for Certificate providers and Witnesses

LPA108 - A guide to registering a Lasting Power of Attorney