Are Lasting Powers Of Attorney Important?
By having a lasting power of attorney (LPA), you have someone in place who is legally authorised to make financial decisions on your behalf should you be unable to do so and if you wish even before that event.
Sometimes, it is helpful to have someone who can perform financial tasks on your behalf which you might otherwise find difficult because of physical incapacity even though you may still have full mental capacity.
In addition, any one of us could at any point suffer from an illness or accident or injury, or simply old age, and lose the mental capacity to make decisions and manage our own affairs – and having an LPA means having someone you trust to make key decisions for you when you are no longer able to do so.
How Does An LPA Work?
There are two separate and distinct types of LPA dealing with two separate and distinct issues:-
Property & Financial decisions LPA.:- This enables your chosen attorney or attorneys to assist with the administration of your property and financial affairs.
Health and Welfare LPA:- This delegates authority to your chosen attorney or attorneys to make decisions to safeguard your health and welfare; unlike the Property & Financial LPA however, this power of attorney can only be exercised by your attorney should you have suffered a loss of mental capacity.
You need to register the LPA document with the Office of the Public Guardian (OPG) and once this is done, your attorney can use this document to make decisions on your behalf according to which type of LPA is involved.
How Do You Prove You Have An LPA?
There are a few ways you can prove you have an LPA:
• Once the LPA is registered with the OPG, it will have a perforated stamp on the bottom of the front page that says ‘validated’ together with a date that shows when the document was registered
• You can choose to have a copy of your LPA certified if you’re still able to make decisions. You and your chosen attorney can use the certified copy to register your LPA if you don’t have the original document
• You can check if someone has a registered attorney or deputy appointed by filling out an OPG100 form and sending it to the OPG’s email address at customerservices@publicguardian.gov.uk using ‘Registers’ in the subject line. You should receive confirmation of a person having a valid LPA within a few days
Helping You With Your Power Of Attorney
Our experienced and specialist solicitors are here to help you with your LPA – whether you want to put a lasting power of attorney in place or you need to prove you have power of attorney.
We can support you with the creation of an LPA, ensuring that all relevant authority is delegated to your chosen attorney. Your attorney can then make decisions on your behalf, if needed, according to your LPA.
Should you ever need to prove you have power of attorney, we will do all we can to ensure this process is quick and effective.
