Frequently Asked Questions

Frequently Asked Questions

What is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document which allows a person (Donor) to nominate one or more persons (Attorney) to make decisions on their behalf during their lifetime.

 

Lasting Power of Attorney (LPA)

There are two types of LPAs: “Property and Financial Affairs” and “Health and Welfare.” The first of these documents allows the Attorney to make decisions on the Donor’s behalf relating to the Donor’s property and financial matters, and the second document extends the Attorney’s powers to include decisions relating to the Donor’s health and wellbeing. These documents need to be validated at the Office of the Public Guardian before the power becomes active. If the Donor becomes unable to manage their affairs themselves then the Attorney will continue to make the decisions of the Donor’s behalf.

 

When can an LPA be made?

The Donor must be over the age of 18 and must understand the following:

  • Understand the power they are giving to the Attorney
  • Understand the possible consequences of allowing an Attorney to deal with their affairs
  • Be aware of their assets and responsibilities
  • The document is the Donor’s choice – not because the Attorney is telling them they must.

 

What if addresses change?

A change in address will not affect the document unless the Donor moves outside of the UK

 

What can an attorney decide?

The powers given under a registered LPA for Property and Financial Affairs include:

  • Buying and selling their house
  • Opening, closing and operating their bank and building society accounts
  • Buying, selling and dealing with their investments
  • Claiming any benefits that the Donor is entitled to, such as their Pension or Attendance Allowance, and receiving and/or using any such benefits
  • The Attorney must support and help the Donor to reach decisions. The Attorney must have regard to any note of guidance or instruction that the Donor may have included in the LPA
  • The Attorney cannot make a Will or vote on the Donor’s behalf
  • Unless the Donor gives the Attorney the power to, the Attorney cannot have access to the Donor’s Will.

 

The powers given under a registered LPA for Health and Welfare will include:

  • Giving or refusing consent to particular types of healthcare
  • Liaising with Social Services about care packages to enable the Donor to stay in their own home, or, if necessary, finding a suitable residential care or nursing home
  • Every day decisions such as what the Donor should wear or what meals they will have
  • The Attorney must support and help the Donor to reach decisions. The Attorney must have regard to any note of guidance or instruction that the Donor may have included in the LPA


How many Attorneys can be appointed?

The Donor can appoint as many Attorneys as they wish, however they need to bear in mind that the Attorneys must get along together, depending on how you how you wish your attorneys to make decisions.. If you appoint more than one Attorney, you have 3 options on how you wish your attorneys to make decisions:

  • Joint – All chosen Attorneys must make decisions and sign documents on the Donor’s behalf regardless of the geographical distance between them.
  • Joint and Individual – Any one of the Attorneys can make decisions and sign documents on the Donor’s behalf without reference to any of the others
  • A mixture –The Donor may wish for two of the Attorneys to act jointly on decisions concerning a particular matter. The Donor would need to make the instructions clear as to who can do what and when.

 

Does anyone else have to know?

Yes. The Donor must appoint someone to act as their Certificate Provider. That is someone who will go through the document with the Donor and ensure they understand the powers they are giving to the Attorney. The Certificate Provider will then sign the document to confirm that they are satisfied that the Donor understands the purpose of the LPA.

It is advisable, but not compulsory, to also notify at least one other person so that they can raise any concerns that they might have about the proposed Attorney at the time of registration.


Why does anyone need an Attorney?

Whilst someone may be perfectly capable of managing their affairs right now, illnesses and accidents can happen. The preparation of this document forms part of a person’s forward planning.


Certificate Provider

A certificate provider is an impartial person who confirms that you understand what you’re doing and that nobody is forcing you to make an LPA. They must confirm that:

  • you understand the significance of the LPA
  • you have not been put under pressure to make it
  • there has been no fraud involved in making the LPA
  • there is no other reason for concern

If possible, they should discuss your LPA with you in private, without attorneys or other people present, before they sign to ‘certify’ their part of the LPA.

Your certificate provider can witness your and your attorneys’ signatures.

 

Who can be a certificate provider?

A certificate provider must be at least 18 years old and either:

  • a friend, colleague or someone you’ve known well for at least two years – they must be more than just an acquaintance; or
  • your doctor or lawyer or someone with the professional skills to judge whether you understand what you’re doing and are not being forced to make an LPA

‘People to notify’ can also be certificate providers.

There are quite a lot of people who can’t be a certificate provider – for example, members of your family or your attorneys’ families. There’s a fuller list below.

The certificate provider must sign after you and can sign on the same day as you (the donor) or as soon as possible afterwards.

 

Someone who has known you well for at least two years

You should ask a friend or neighbour, someone from your social or sports club, a work colleague, or similar. They must have known you well for at least two years. They must know you well enough to have an honest conversation with you about making your LPA and the things they have to confirm when they sign the LPA.

If possible, they should discuss your LPA with you in private, without attorneys or other people present, before they sign to ‘certify’ their part of the LPA.

 

Someone with relevant professional skills

Usually, someone with relevant professional skills would be one of the following:

  • a registered healthcare professional, such as your GP
  • a solicitor, barrister or advocate
  • a registered social worker
  • an independent mental capacity advocate (IMCA)
  • Other professionals may have skills suited to judging whether you can make an LPA – contact the Office of the Public Guardian if you’re unsure about your choice of certificate provider.

You may have to pay a professional to act as your certificate provider.

 

People who can’t be a certificate provider

The certificate provider must not be:

  • an attorney or replacement attorney for the LPA
  • an attorney or replacement attorney in any other LPA or enduring power of attorney that you’ve already made
  • a member of your or your attorneys’ families – including wives, husbands, civil partners, in-laws and step-relatives
  • an unmarried partner, boyfriend or girlfriend of yours or of any of your attorneys – whether or not they live at the same address
  • your business partner or one of your attorneys’ business partners
  • your employee or one of your attorneys’ employees
  • an owner, manager, director or employee of a care home where you live, or a member of their family
  • anyone running or working for a trust corporation appointed as an attorney in a financial decisions LPA