LASTING POWER OF ATTORNEY

Also known as an LPA, this is a legal document that allows a person to appoint someone they know and trust to make decisions on their behalf, should they become unable to do so in the future.

THERE ARE TWO TYPES OF LPAs

1. Health & Welfare

Allows the Attorney to make decisions on the donor's behalf about the Donor's personal welfare.

  • This ranges from simple day-to-day decisions, all the way up to consenting to, or refusing, life sustaining treatment;

  • The Donor must state clearly on the form whether the Attorney(s) have authority over life sustaining treatment decisions;

  • A Health & Welfare LPA can only be used when it has been registered with the Office of the Public Guardian and when the donor lacks mental capacity.

2. Property & Financial Affairs

Allows the Attorney to make decisions on the donor's behalf about how the Donor's property and money is managed.

  • This can include paying bills, managing bank accounts, collecting income and benefits, selling property, and managing investments;

  • Unlike a Health & Welfare LPA, this type of LPA can be used as soon as it is registered with the Office of Public Gardian there is no necessity of the Donor losing capacity, although it can be restricted to loss of capacity;

  • This type of LPA is useful for a person who still has capacity but who speands a lot of time abroad and wants their Attorney to manager their financial affairs in their absence, or someone who simply wants help managing their affairs.

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