A lasting power of attorney ( LPA ) is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf.
This guidance applies to the donor instructing an attorney in their professional or business capacity rather than a family member or friend.
There are a number of reasons why you may need to appoint someone to make decisions on your behalf. You may need to make long term plans if, for example, you have been diagnosed with dementia and you may lose the mental capacity to make your own decisions in the future.
Individual or trust corporation appointment?
We will ensure the donor understands whether they are choosing to appoint an individual or a trust corporation. If an individual, then the professional’s responsibility will still apply even if the professional leave their post or profession until they disclaim their appointment.
Appointments made jointly or jointly and severally
You must decide whether to appoint the professional jointly, or jointly and severally. An agreement must be made with any co-attorneys so that the donor’s affairs are managed properly. This will be dealt with in advanced by the our firm.
Certificate
A certificate will confirms when the donor creates the LPA, that donor fully understands what they are doing and have not been coerced into making the LPA.
Acting in the donor’s best interests
Our firm will ensure under the Mental Capacity Act 2005 that any actions taken or decisions made on behalf of the donor lacking mental capacity is in that person’s best interest.
The firm will ensure that they take into account the donors past and present wishes and feelings, and any beliefs or values. A record of any discussions will be held on the donor’s behalf so that the donor is reassured that the firm will act as they want if the donor does not have capacity. If the donor loses capacity and is no longer able to express their preferences it will be crucial for the professional to talk to relatives and carers to ensure there wishes and feelings are met.
After the LPA is created
Once the donor is created the donor must discuss what they would like to happen once they have created the LPA. It is recommended by the Public Guardian that the donor must register the LPA as soon as it has been created while they still have capacity.
If you’d like to find out more about the lasting power or attorney and how to set one up then you can get in touch with Caroline at caroline.swain@bpsfamilylaw.co.uk or by telephone 01619261430
