The purpose of an LPA is to allow you to appoint a person or persons to make decisions on your behalf in advance of losing capacity. It is difficult to imagine that there may be a time when you are unable to make decisions about your care or your financial affairs, but there is a possibility of this and one that you can prepare for. We can advise you as to the extensive powers that can be given within the LPA and guide you as to the preparation of it.
LPA’s are prepared in a prescribed form and are valid upon registration provided that they are prepared whilst you have capacity. There are two separate types one is for Health and Welfare and the other is for Property and Financial Affairs.
In order to protect the person making the LPA (the “donor”) a Certificate Provider has to certify that the donor understood what s/he was doing. A further safeguard is included by allowing appointed family or friends to be notified of the application for registration. Upon preparing the LPA it must be sent to the Office of the Public Guardian to be registered. The LPA is only valid once it has been registered.
If capacity has been lost before the signing of the LPA the alternative is to apply to the Court of Protection to appoint a Deputy to be able to deal with the property and affairs and day to day decisions of the person who lacks capacity. This process requires an assessment by a medical practitioner as to the lack of capacity. It is complex and expensive and can be avoided by making proper arrangements in advance.
- I have an Enduring Power of Attorney is it still valid?
- If this was prepared and signed prior to the introduction of the LPA it can be registered, preferably, once the donor has lost capacity. Once it is registered the donor loses the right to manage his or her affairs completely.
- My father has lost capacity and does not have a LPA, how can I deal with his affairs?
- An application can be made to the Court of Protection to delegate authority to a you and appoint you as a deputy
- What does “capacity” mean?
- It means the ability to understand the decisions that you need to make about yourself and your affairs.
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