There are 2 types of Lasting Power of Attorney - one is in relation to Property and Affairs, and the other relates to Personal Welfare. Anyone over the age of 18 can enter into a Lasting Power of Attorney, provided that they have the necessary level of understanding in relation to the meaning of the Lasting Power of Attorney and what it will enable their Attorney(s) to do.
The Lasting Power of Attorney will need to be registered at the Office of the Public Guardian before it can be used. By registering the document straight away, this means that it can be used by the Attorney at any time in the future. The donor is able to provide their Attorney(s) with guidance if they wish to do so regarding the powers that they will have.
An LPA is a complex matter but extremely beneficial for the donor and his/her family as it protects the donor’s position and ensures provision for the family and other beneficiaries should the donor’s health deteriorate.
In some ways an LPA is more important than making a will and deserves careful consideration and preparation by a Solicitor.
Helen Martin is a member of Solicitors for the Elderly.
More information is available from Helen Martin and from the Office of the Public Guardian.
Helen has received extensive coverage as a result of her expertise in this area in The Northern Echo and on Sun FM.
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