LASTING POWER OF ATTORNEY
What is an LPA?
A LPA is a legal document that allows a person who is at least 21 years old (“the donor”), to appoint one or more persons (“the donee(s)’’) to make decisions and act on his behalf in the event that he loses his mental capacity.
There are two types of LPA. The first type of LPA grants the donee(s) the authority to deal with the donor’s property and financial matters. For instances, the donee(s) may sell the donor’s properties or make payments from bank accounts held in the donor’s name. The second type of LPA allows the donee(s) to make decisions regarding the donor’s health and welfare. For example, the donee(s) can make decisions on the donor’s medical treatments, diet or accommodation etc.
When does an LPA take effect?
A LPA will take effect when the donor loses his mental capacity. The LPA ceases when the donor regains mental capacity or upon the death of the donor.
A person is said to lack mental capacity if he suffers from an injury, disorder or condition that affects the way his mind works and has difficulty making decisions.
Why make an LPA?
A LPA protects the interests by allowing you to personally appoint someone you trust to be responsible, competent and capable to act on your behalf should you lose your mental capacity through an accident, illness or other unforeseeable circumstances.
In the event that you lose your mental capacity, having a LPA will reduce the stress and obstacles imposed on your family. Without a LPA, your family might be subjected to a lengthy and costly process of appointing a deputy or deputies, pursuant to the Mental Capacity Act.
The information provided does not constitute legal advice. You should obtain specific legal advice from a lawyer before taking any legal action. Although we try our best to ensure the accuracy of the information on this website, you rely on it at your own risk.