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Services
02. Lasting Power of Attorney (LPA)
Lasting Power of Attorney (LPA)
A lasting power of attorney (LPA) is a legal document that allows you (the 'donor') to appoint one or more people (the 'donee') to help you make decisions on your behalf.
Making an LPA gives you more control over what happens to you, if you ever lose the mental capacity to make your own decisions.
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A lack of mental capacity could happen due to:
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advanced dementia
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a mental health illness
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a coma
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unconsciousness caused by an illness or medical treatment.
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The LPA only goes into effect you lose mental capacity and your condition has been verified by a registered medical practitioner.
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You must be 21 or over and have the mental capacity (the ability to make your own decisions) when you make your LPA.
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There are 2 types of powers:
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personal welfare
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property and affairs
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In the event that you lose mental capacity, your donee(s) will represent you in making decisions for your personal welfare, your property and affairs or both.
Sentencing, Probation, Charges
Procedures to making a lasting power of attorney
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Choose your donee (you can have more than one)
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Fill in the forms to make an LPA
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Register your LPA with the Office of the Public Guardian
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You can change or cancel your LPA if you change your mind or want to make a new one.
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Who can make a lasting power of attorney
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To make a lasting power of attorney, you must:
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be at least 21 years old
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have the mental capacity and ability to make your own decisions
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not be an undischarged bankrupt if you wish to make an LPA for property and affairs matters
You must register your LPA with the Office of the Public Guardian for it to be legally valid.
The person(s) you choose to make decisions on your behalf must also agree to be your donee(s).
Personal welfare powers
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Use this LPA to give your donee the power to make decisions about things like your:
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daily care decisions, for example washing, dressing, eating
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medical care
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living arrangements, for example moving into or out of a care home
Property and affairs powers
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Use this LPA to give your donee the power to make decisions about money and property for you, for example:
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accessing your bank account to pay for your care
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paying bills and taxes on your behalf
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handling your property
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investing your money
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making monetary gifts on your behalf
If you don't have a lasting power of attorney
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If you do not make an LPA and subsequently lose your mental capacity to make certain decisions, the Mental Capacity Act requires someone to apply to the Court to either:
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make the specific decisions for you, or
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appoint one or more persons to be your deputy to make 'personal welfare' or 'property and affairs' decisions for you.

