Registering a lasting power of attorney means that you give someone you trust the power to make decisions related to money, finances and property or health and care on your behalf. If you wish to make a lasting power of attorney that can handle both aspects related to your finances and health and care, you will need to fill out two separate forms.
Lasting Power of Attorney for Financial Decisions
When registering someone as a lasting power of attorney, you can state in your application when you would like them to begin making decisions on your behalf and this can be either before you lose mental capacity or after.
It is important to note that when you register a lasting power of attorney, you can either allow them to make all decisions on your behalf or specify what kind of decisions they can make, giving you complete control.
The person you specify as your lasting power of attorney will be required to keep your money and finances separate from their own. To give you total peace of mind, you can also specify that details of your finances are sent to a solicitor or family member should you lose mental capacity.
Lasting Power of Attorney for Health and Care Decisions
Unlike an LPA for financial decisions, the person you register as an LPA for health and care can only begin making decisions of this nature if you should lose the mental capacity to do so.
There are various things an LPA for health and care can make decisions on. The following is not a comprehensive list, but does show you the extent to which your LPA can take control:
Where you should live (i.e at home or in a care home)
What medical care you require
What sort of food you should eat
Activities you should get involved in
Who you should have contact with
Once an LPA has been put in place, you are able to cancel the registration, so long as you still have mental capacity.
Appointing an LPA
It goes without saying that the people or person you appoint as your LPA should be someone you can trust.
An LPA will have to be 18 years or older and will not be able to claim for any time they spend making decisions on your behalf or carrying out duties on your behalf. They may, however, be able to claim money from you for some things whilst acting on your behalf, including travel, postage or photocopying expenses, keeping account of relevant receipts.
Here at Broadbents Solicitors, we can help you to register your LPA, ensuring that the process runs smoothly and efficiently. For further advice, please call our specialist Teresa Ruddock on 01773 832511.