There are different types of power of attorney.
A lasting power of attorney (LPA) is used in cases where you lack the mental capacity to act independently, due to factors such as illness, an accident or the onset of conditions like dementia.
You can only create your LPA whilst you are still mentally capable of making your own decisions. By planning ahead and making an LPA, you are able to give your instructions whilst you are of sound mind, in anticipation of possibly not being able to do so in the future.
Since 1 October 2007, LPAs replaced the enduring power of attorney (EPA) in England & Wales. You can no longer create new EPAs, although documents signed before 1 October 2007 can still continue to be registered. For more information, read the section on.
There are two separate types of LPA: one for your property and financial affairs and one for your health and welfare. These LPAs are created by completing the LPA-instrument forms entitled 'Lasting power of attorney for health and welfare' and 'Lasting power of attorney for property and financial affairs'.
The 'Lasting power of attorney for health and welfare' (LPA-HW) allows you to authorise your attorney(s) to make decisions about your social and health care needs. It will enable them to look after your needs on a personal level but only when you are mentally unable to do so yourself. Some examples of the things your LPA-HW attorney(s) may do are:
The 'Lasting power of attorney for property and financial affairs' (LPA-PA) will allow you to authorise your attorney(s) to make decisions about your assets and financial interests. With this document you have the choice to authorise them to start acting for you irrespective of whether or not you still have the mental capacity to do so yourself, or only once you do become mentally incapable. Some examples of the things your LPA-PA attorney(s) may do are:
There are certain legally imposed restrictions on what your attorney(s) may do on your behalf under the authority of an LPA. For example your LPA attorney(s) can't:
An LPA is not valid and your attorney(s) won't have the authority to act on your behalf unless it is registeredwith the Office of the Public Guardian (OPG). Both the LPAs can be registered as soon as it is properly signed and before you lose the mental capacity to act. Upon applying for registration, there is a 4-week waiting period. It is wise, therefore, to register before you lose the mental capacity, in order to avoid the possibility of your attorney(s) being unable to act on your behalf because they are still awaiting registration.
However, even after registration, your attorney(s) will only have the authority to act under your LPA-HW once you are no longer mentally able to make those decisions for yourself. On the other hand, the LPA-PA can take effect immediately upon registration, even if that is before you lose the mental capacity to act for yourself, provided this is specified in the LPA itself.
It is very important that you only appoint someone you trust to act as your attorney(s). An LPA is a very powerful document.
There are a number of safeguards in place to help prevent abuse of the system by attorneys appointed under an LPA. These safeguards are:
As long as you have the mental capacity to make decisions for yourself, you may revokeyour LPA.