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Understanding Lasting Power of Attorney

A Lasting Power of Attorney (LPA) is a crucial legal tool allowing you to appoint someone you trust to make decisions on your behalf if you are unable to do so. This guide explains what LPAs are, the types available, and how they work to safeguard your interests.

Defining Lasting Power of Attorney

An LPA is a legal document enabling you to appoint a trusted person (an attorney) to make decisions about :

There are two main types

Who Can Be an Attorney?

Your attorney doesn't need to be a legal professional but should be someone reliable and trustworthy, such as a partner, family member, friend, or a professional who agrees to take on this responsibility.

Decisions Made Under Health and Welfare LPA

A health and welfare attorney has the authority to decide on matters such as :

Refusing medical treatment is typically permitted unless it's an emergency or under certain conditions such as being sectioned.

Financial Attorney's Role

Your financial attorney manages aspects like :

The Importance of Choice and Trust

Choosing an attorney is a significant decision as they will have access to sensitive information and make crucial decisions about your life. Consider their reliability, understanding of your wishes, and ability to act in your best interests.

Planning and Creating an LPA

To create an LPA, you must be 18 or over and have the capacity to make such decisions. The process involves :

Dealing with Disagreements and Misconduct

If an attorney doesn't act according to your wishes or best interests, complaints can be made to the Office of the Public Guardian, and the Court Of Protection can intervene or remove the attorney's powers.

What If You Don't Have an LPA?

Without an LPA, decisions will be made by healthcare professionals or the Court of Protection may appoint a deputy to manage your affairs. For financial matters, the court might appoint a suitable deputy, or the DWP might manage your benefits.