Lasting Power of Attorney

What does a Lasting Power of Attorney do?

L

asting Powers of Attorney (LPA)

 

What are they?

This is an important legal document in which you (the donor) appoint people your trust (attorneys) to be able to make decisions for you in the event that you become unable to make them yourself or should you decide not to make decisions for yourself.

There are two different types of Lasting Powers of Attorney. One giving power over your Health and Welfare and one for your Property and Financial Affairs.

When can they be used?

They can only be used when they are properly registered with the Office of the Public Guardian (a Gov Body) known as the OPG.

Who can I appoint as my Attorneys?

You are free to choose who you appoint as your attorneys.

What powers do my Attorneys have?

LPAs give power for the management of someone else’s affairs, including:

  • Looking after their bank accounts, savings, investments, or other financial affairs
  • Buying and selling property on their behalf
  • Claiming and spending their welfare benefits on their behalf
  • Deciding where they live
  • Or; making decisions about their day-to-day personal care or health care

You might appoint them in the following circumstances:

  • If you’re ill or disabled, either temporarily or on a long-term basis
  • If you plan to leave the country for a while
  • Or; If you are unable or unwilling to make decisions for yourself, because of mental illness, loss of capacity or for other reasons.

Is it effective straight away?

It becomes effective as soon as it is registered and when you receive confirmation from the OPG.

What does ‘registration’ mean?

The OPG receive applications from Will Writers and Estate Planners like myself all of the time. We support clients to ensure that these applications go through without unnecessary delay, objection, or rejection. Failure to complete the forms correctly will result in the forms being rejected and the application fee being NOT being returned.

You are able to complete forms yourself but you must understand the risks. I support my clients and identify where they are able to save money through exemptions or remissions.

How long does it take to register an LPA?

Typically, the process can take 12 weeks to register but there are no strict timelines. When SLS Wills and More are instructed to create your LPA, we manage the process with the OPG.

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