Published on: 6th February 2017

Attorneys: How and when to use a Lasting Power of Attorney (LPA) document

There are two different types of LPA; Property & Finance and Health & Welfare. An LPA allows somebody (the Donor) to appoint attorneys to assist them should they lose capacity. It is best for a Donor to have both types of LPA. Once the LPAs have been created, they must be registered before they can be used. To do this, they must be sent to the Office of the Public Guardian (OPG) who will then register them. The LPA will be stamped and perforated by the OPG to show that it has been registered. The OPG keep a record of registered LPAs and is therefore the best point of contact to see if an LPA has been registered. If one has, office copies can in certain circumstances also be obtained from the OPG.

There are also several ways in which an attorney can be appointed; solely, jointly or jointly and severally. If an attorney has been appointed solely, they make all decisions independently.  If attorneys have been appointment jointly, all decisions must be made together with the other attorneys. If one or more attorneys cannot act then the other attorneys cannot act. If the appointment is joint and several, it provides more flexibility for attorneys as decisions can be made either together or separately. An attorney can be appointed as a reserve but will step in to act only when the original attorney(s) cannot. The Property & Financial Affairs LPA can either be used straightaway or after the donor has lost mental capacity. It gives the attorney the legal authority to deal with the donor's financial institutions. As an attorney, you can deal with the donor's bank accounts and savings, ensuring bills are paid on time so the donor does not get overdrawn or in debt. This can provide the donor with security ensuring rent or mortgage payments are made on time. You can also make decisions in relation to welfare benefits as well as buying and selling property. Unlike a Property & Financial Affairs LPA, the Health & Welfare LPA can only be used when the donor loses mental capacity. As an attorney you may use this LPA to ensure the donor's wishes are reflected in the medical treatment they receive. Alternatively, it can also be used to refuse treatment if you know the donor would not have wanted it. Attorneys can also make decisions on how and where a donor receives care as well as making daily decisions in relation to diet, dressing etc. All decisions must be made in the donor's best interests and the donor must always be included in decision making wherever possible.

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