Lasting Power of Attorney

What is a lasting power of attorney (LPA)?

There are two types:

  • One type deals with property and affairs, which gives your attorney authority to deal with your property and finances
  • The second type concerns health and welfare, which allows your attorney to make health and welfare care decisions on your behalf, only when you lack mental capacity to do so yourself.  This could also extend, if you wish, to giving or refusing consent to the continuation of life sustaining treatment.

What happens if you don’t have a lasting power of attorney?

If you lack mental capacity it will be necessary for an application to the Court of Protection for an appropriate order, such as the appointment of a deputy to make decisions on your behalf.   This may cause delay and expense.  An enduring power of attorney made before the 1st October 2007 will remain valid providing it was prepared correctly.

  • Who will be the certificate provider?
  • Who can be the certificate provider?

Who should be an attorney?

You can have more than one attorney.  They must be trustworthy, competent and reliable and possess skills and ability to carry out the necessary tasks. Attorneys can act together and independently.

Anyone asked to be an attorney should consider whether they have the skills and the ability to act and whether they wish to do so, bearing in mind the duties and responsibilities imposed on them.

When must you register a Lasting Power of Attorney?

An LPA cannot be used unless and until it is registered with the Office of the Public Guardian (OPG).  A copy of the LPA must accompany the application to the OPG. On receipt the OPG sends notice of the application to the persons listed by the donor in part A of their LPA.  The recipient has up to 5 weeks to object to registration and gives the grounds for objection.  Typical objections are that the donor lacked the capacity to make the LPA or the attorney is bankrupt.

What if I want to contest a Lasting Power of Attorney ?

Often where there are estranged families, disputes can arise because mum or dad may have made a Lasting Power of Attorney which may be in question. This requires highly specialised advice about who can contest a document, what the grounds are to contest a document and how a documents can be contested. ME Law has many years of experience of applying to remove Attorneys where there has been financial abuse or undue influence