A Lasting Power of Attorney (LPA) has been described as “more important than a Will” and should be a vital part of every UK adult’s estate planning.
An LPA is a legally binding document that allows an individual or individuals of your choosing (known as ‘attorneys’) to make certain decisions for you if you lose the capacity to make those decisions yourself.
An attorney fulfils an important function, and you should think carefully about who to appoint in the role.
In this blog, our experienced LPA Solicitors answer frequently asked questions about choosing an attorney in your LPA.
What decisions does an LPA attorney take?
If you are an attorney for property and financial affairs attorney, you make (or help the donor make) decisions about, for example:
- Money.
- Tax.
- Bills.
- Bank and building society accounts.
- Property.
- Investments.
- Pensions and benefits.
Health and welfare attorneys are responsible for decisions about a donor’s:
- Daily routine, for example, washing, dressing and eating.
- Medical care
- Living arrangements.
What does an attorney have to do?
When making decisions, an attorney must:
- Follow any preferences and instructions (known as ‘restrictions and conditions’) the donor included in the LPA.
- Act in the donor’s best interests.
- Help them make their own decisions where possible.
- Keep the donor’s money and property separate from their own (unless you already share a bank account).
- Respect the donor’s confidentiality.
- Let the donor and the Office of the Public Guardian (OPG) know if they no longer wish to act.
- Provide the OPG with information about how the LPA is being used, if required.
- Keep records of their actions.
Who can I appoint as an attorney in my LPA?
You can appoint anyone you like to act as your attorney, provided they are over 18 and have capacity. Attorneys for property and financial affairs LPA cannot be bankrupt.
Most people choose a family member as their attorney, although you can also appoint a professional, such as an accountant or solicitor.
At Bookers & Bolton, our specialist LPA solicitors are here to help you prepare for the future, whatever it may bring.
Our private client solicitors work closely with you to set up and register your LPA, and we can even act as a professional attorney if required.
For more information, or to speak with one of our LPA legal advisers, please call us on 01420 558335, email us at enquiries@bookersandbolton.co.uk or make an online enquiry.
How do I decide who to appoint as an attorney?
Attorneys have a lot of responsibility and will be tasked with making various important decisions on your behalf.
An attorney should be someone you trust and who knows you well.
The Alzheimer’s Society recommends that it may also be helpful to:
- Think about how well they manage their own finances or make decisions about their own wellbeing or the wellbeing of others.
- Remember an attorney may not be needed to make decisions until some time in the future, in which case someone younger may be appropriate
- Talk to the person you want to appoint as your attorney before you make the LPA. This way, you can tell them about your wishes and preferences and make sure they are happy taking on the role.
Do I have to appoint the same attorney for both LPAs?
No, you can appoint different attorneys for property and financial affairs and for health and welfare decisions.
How many attorneys can I have in an LPA?
You can appoint one or more attorneys in your LPA. There is no limit on how many attorneys you can have, although most people have between one and four.
If you have more than one, you must stipulate how you want them to make decisions. This can be:
- Jointly. This means that attorneys must always act together and must agree on decisions for them to be made.
- Jointly and severally. This means that attorneys can take decisions together or by themselves. If one of the attorneys is unable to act, then decisions can still be made without them.
- Jointly and jointly and severally. Attorneys can make some decisions on their own, but others must be made together.
How does an attorney use an LPA?
Attorneys named in an LPA will receive a copy of the LPA once it has been registered which they may need to show a company or organisation when acting on the donor’s behalf.
Information about LPAs registered after 1 January 2016 can also be accessed online.
For more information about how to use an LPA click here
LPA Solicitors Alton
Creating a Lasting Power of Attorney can be complex. Although various online options offer DIY services, seeking specialist legal advice is advisable to avoid making errors in drafting the forms.
At Bookers & Bolton, our Lasting Powers of Attorney lawyers in Alton, Hampshire, will guide you through the process practically and compassionately. We can help by drawing up LPAs on your behalf or by completing the entire registration process.
Find out more about Bookers & Bolton’s Powers of Attorney services by clicking here.
Get in Touch
If you would like further information or advice regarding our Lasting Power of Attorney services, please get in touch with us on 01420 558335, email us at enquiries@bookersandbolton.co.uk or make an online enquiry here.
We can also help you with Wills, Probate, Family Law, Conveyancing and Business Law services.
