When can an LPA be used?

New to LPAs? Let’s take a look at when these vital documents come into play and consider their importance, almost as a form of living will.

What is an LPA used for?

A Lasting Power of Attorney, abbreviated to LPA, is a permanent document you legally register to nominate a personal attorney. This attorney will then be allowed to make important decisions on your behalf if you lose mental capacity. There are two types of LPA, one that concerns health and healthcare decisions, and one that concerns financial matters. Many people will create both LPAs at the same time.

Most people don’t know about LPAs, but they are arguably even more important than wills, because they concern health and finances when you are still alive, but no longer have the mental capacity to make decisions on these topics. The LPA allows your nominated and trusted attorney to make these decisions for you, in a way that he or she knows you would want them to be made.

When is a health and welfare LPA used?

After making an LPA online with https://powerofattorneyonline.co.uk/, the attorney can make decisions for the donor when the donor loses mental capacity to make decisions for themselves. This could be because of a serious brain injury, a stroke, or dementia, for example. The donor must have mental capacity at the time of making the LPA. Mental capacity means that the donor can understand the information, retain it for the duration of the decision, assess different options, communicate their wishes and understand the consequences. They can do this by non-verbal means.

When is a finance LPA used?

For a property and financial affairs LPA, the donor will register the LPA with the Office of the Public Guardian. It can then be used if they lose mental capacity, or the donor can choose for it to be made effective immediately. For example, the attorney can go to the bank to help people suffering from physical health conditions, even if they still have the mental capacity to act for themselves.

Roger Walker

Roger Walker

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