Lasting Power Of Attorney – Frequently Asked Questions
Do I need both types of Lasting Powers of Attorney?
Some clients opt for the Lasting Power of Attorney for Property and Affairs and not the Personal Welfare LPA. However the Personal Welfare LPA will be needed if the Donor loses capacity and needs to move in to a care home or if there is active disagreement within the family over the arrangements to make for the housing and welfare of the Donor.
Can I still manage my own affairs once I have signed a Lasting Power of Attorney?
Yes. The attorney only takes over when you are unable or simply don’t want to manage your own affairs.
I only want my Attorney to have control of my current account but not my shareholdings – can I do that?
Yes you can limit or restrict the Lasting Power of Attorney in any way you want. You can also put guidance in telling the Attorney how you would like them to use the power. For example you could say you would only like it to be used when a doctor can certify in writing that you are mentally incapable of managing your own affairs. Often it is actually better to give the Attorney wide powers of control as, after all, the reason you are appointing them is to make it easy for them to manage your affairs. If you are worried that they will not manage your affairs in the way that you would want, they may not be the right person to appoint as Attorney.
Do I need to register?
Yes. The Lasting Power of Attorney cannot be used until it is registered. LPAs are there to give peace of mind, and may prove particularly valuable where the Donor and Attorney are long term but unmarried partners.
Should I register now?
Yes. The advantage of registering is that once registered the power of attorney can be used immediately when called upon. If you decided to leave it but then at a later stage you needed your attorney to use it, they may need to wait 2 or 3 months to complete the registration process before it could be used.
If I take it to the donor and arrange someone to be a Certificate Provider, can you prepare the LPA?
No. We make it clear that our duty of care is to the Donor, and therefore we must see him or her personally. We cannot take instructions indirectly.