What is a lasting power of attorney and what are the two different types?
– Covered by the Mental Capacity Act 2005 (MCA 2005)
– A lasting power of attorney (LPA for short) is a legal document that allows you to appoint one (or more) people to make decisions on your behalf on matters such as property/affairs
– The person applying for a LPA is called a donor and the person/people being appointed are called attorneys
There are two types of LPA:
1. Health and Care LPA – this permits your attorney to make decisions on your medical treatment and day-to-day care e.g. where you live, what medical treatment you receive – the attorney can only act when the donor does not have capacity to make a particular decision
2. Property and Financial Affairs LPA – this allows your attorney to handle your money and property –can include paying your bills, selling your property, collecting your pension, buying clothes and food for you – the attorney can act even if the donor has capacity – although you can establish restrictions preventing this.
If you want to find out more about Lasting Power of Attorney, get in touch with us here at Marlborough Law and we will see what we can do to help.
