Our lasting powers of attorney solicitors regularly advise about content and prepare Lasting Powers of Attorney, can act as the certificate provider, and are regularly asked to act as attorney with or without family members or friends.
A Lasting Power of Attorney (LPA) is a legal document that enables an individual (the ‘donor’) to appoint one or more people (known as ‘attorneys’ or ‘donees’) to make decisions on their behalf. Unlike a general power of attorney or a trustee power of attorney, an LPA continues to be effective after the mental incapacity of the donor.
A valid LPA must satisfy the following criteria:
If a document fails to satisfy any of these criteria, it will not confer any authority on the purported donee.
There are two forms of LPA which cover separate issues.
LPA for Health and Welfare – This allows the Donor to give power to their attorneys to make decisions about the donor’s healthcare and personal welfare. The attorneys can only make decisions if the donor has lost mental capacity. The LPA will allow the attorneys to make decisions about the Donor’s care and can include provision for the attorneys to make decisions about life sustaining treatment of the donor.
LPA for Property and Financial affairs – This provides the attorney with the authority to make decisions about the Donor’s property and financial affairs. A Donor can limit the powers given to the attorneys. The Donor can decide if the LPA becomes effective once registered with the Office of Public Guardian or is delayed until the Donor has lost mental capacity.
Middletons Solicitors have a reputation for excellence with offices based in Warminster, Andover and Stockbridge. With more than 50 years’ experience delivering comprehensive legal services, our team of legal experts provides the highest standard of advice and service.
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