Make a Lasting Power of Attorney

Make a Lasting Power of Attorney

A Lasting Power of Attorney (or LPA) is a legal document that replaces the now outdated Enduring Power of Attorney (EPA). It is primarily beneficial for people who are at risk of losing the capability to make their own decisions. A lack of mental capacity can be caused by brain injury, dementia, mental health problems, substance abuse, side-effects of medical treatment, and any other illness or disability. If you feel like this could happen to you, you should consider appointing someone the power of making decisions on your behalf. This is a big step so you need to choose someone who will act in your best interest.

There are two types of LPA you can make. The first type covers the decisions about your health and welfare and the second type regulates the area of your property and financial affairs. You can choose to make either type, or to make both to make sure you are fully covered. To be able to make and register an LPA, you need to be over 18 and to still have the mental capacity to make decisions. The same goes for your attorney.

Registration is the crucial part of the process as the LPA can’t be used before it’s registered. The financial and property affairs LPA can be used as soon as it’s registered while the personal welfare LPA can be used only after the donor (the person making the LPA) has lost the mental capacity to make decisions.

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An LPA is registered with the Office of the Public Guardian (OPG) for the people living in England and Wales. The OPG is sponsored by the Ministry of Justice. There are many things to consider when you want to register an LPA. The fee the donor needs to pay to register an LPA is £110.

Before registering an LPA, however, you need to notify the people that will be affected by the document. Then, they will have a period in which they can raise their concerns about the LPA.

Our consultants can always cover any questions you may have regarding making a Lasting Power of Attorney. Contact The Will Associates today to get your free information pack or by calling 0800 9500 700 to arrange a free, no obligation appointment at a time convenient to you. You can click HERE to get more information on LPA's.