Jessica Jarvis

Understanding powers of attorney (POAs) can be crucial for planning your future. Here are the top 15 most commonly searched questions about powers of attorney.

1. What is a Lasting Power of Attorney (LPA)?

An LPA is a legal document that lets you appoint someone (an attorney) to make decisions on your behalf if you lose mental capacity. This can cover financial matters, healthcare, or personal welfare. For example, you might appoint your adult child as your attorney to manage your finances if you develop dementia

2. What types of LPAs are available?

There are two main types: Property and Financial Affairs LPA (for managing money and property) and Health and Welfare LPA (for making healthcare and personal decisions). You can choose one or both, depending on your needs. For instance, a Health and Welfare LPA can make decisions about your medical treatment if you can’t

3. How does one create an LPA?

To create an LPA, you need to complete the relevant forms, have them signed by witnesses, and register the LPA with the Office of the Public Guardian (OPG). This process ensures the document is legally binding. For example, you might fill out the forms online, have them witnessed by a friend, and then send them to the OPG for registration

4. What decisions can an attorney make under an LPA?

Attorneys can make a range of decisions depending on the type of LPA. This includes managing bank accounts, paying bills, deciding on medical treatment, and determining living arrangements. For instance, an attorney with a Property and Financial Affairs LPA can sell your house if needed to pay for care home fees

5. What responsibilities does an attorney have?

Attorneys must act in the best interests of the donor, keep detailed records, and follow the instructions set out in the LPA. They must also avoid conflicts of interest. For example, an attorney managing your finances should keep all receipts and records of transactions to show they are acting responsibly

6. What are the fees for registering an LPA?

The fee for registering each LPA is £82. There may be additional costs if legal advice is sought. For example, if you decide to hire a solicitor to help you complete the forms, this would incur extra fees.

7. Can an LPA be challenged or revoked?

Yes, an LPA can be challenged if there are concerns about the attorney’s conduct. It can also be revoked by the donor or the court. For instance, if you suspect your attorney is not acting in your best interests, you can apply to the court to have the LPA revoked

8. What safeguards are in place for LPAs?

Safeguards include requiring a certificate provider to confirm you understand the LPA, registering the document with the OPG, and the ability to notify up to five people about the LPA to raise concerns. This ensures the LPA is created freely and knowingly.

9. What is the difference between an attorney and a deputy?

An attorney is chosen by the donor while they have capacity, whereas a deputy is appointed by the court after the person has lost capacity. This means a deputy is often used when no LPA is in place and decisions need to be made urgently

10. Can an attorney make medical decisions?

Yes, if appointed under a Health and Welfare LPA, an attorney can make medical decisions. For example, they can decide on your medical treatment or where you live if you cannot make these decisions yourself

11. What is a lasting power of attorney?

A lasting power of attorney remains effective even if the donor loses mental capacity. This ensures that the appointed attorney can continue to make decisions on the donor’s behalf, providing long-term security and planning. For instance, a lasting power of attorney for finances ensures your financial matters are handled even if you become unable to manage them yourself

12. Can an LPA be limited in scope?

Yes, LPAs can be tailored to specific decisions or areas, such as finances only or healthcare only. This allows the donor to customise the LPA according to their needs. For example, you might create an LPA that only allows your attorney to manage your bank accounts but not sell your property

13. How long does an LPA last?

An LPA lasts until the donor dies or it is revoked. This ensures that the donor has support for as long as they need it, without the need for additional legal intervention unless circumstances change significantly

14. What are the agent’s obligations under an LPA?

The agent must act honestly, keep the donor’s money separate, and report their actions periodically. This helps to prevent misuse of power and ensures that the donor’s interests are always protected

15. Do I still need a lasting power of attorney if I have a living trust?

Yes, because a living trust does not cover all aspects of property and financial management outside of the trust. A lasting power of attorney ensures that someone can manage your affairs that are not included in the trust, providing comprehensive coverage