Should I get a Lasting Power of Attorney?

Firstly, what is a Lasting Power of Attorney (LPA)? An LPA allows you to give a trusted family member, friend, or professional advisor the power to make decisions for you if you lose the capacity to make those decisions for yourself – for example, if you fall ill.

You can register an LPA to handle your property and financial affairs, or health and welfare, or both, and appoint one or more attorneys and replacement attorneys.

Property and financial affairs

If you are unwell, you can appoint an LPA to come into force if you lose mental capacity or before.

It covers:

Health and welfare

An LPA who looks after your health and welfare can cover:

Making a Lasting Power of Attorney

After you have chosen your attorney(s), you need to complete the necessary documentation to appoint them to the role. You can make an LPA online or using paper forms. Whichever you choose, you need to get other people to sign the forms, including the attorneys and witnesses.

You can get someone else to use the online service or fill in the paper forms for you, for example, a family member, friend, or solicitor.

The process must be completed properly and witnessed.

The LPA needs to be registered with the Office of the Public Guardian (OPG), but please note it could take up to 10 weeks.

Before you submit anything, several requirements are needed to ensure an LPA is validly made and brought into effect, so it is important to seek legal advice.

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