LPA Setup
The client, who is around 79 years old, is seeking to establish a Lasting Power of Attorney (LPA) covering both Financial and Health matters. The client is eager to learn about the setup process and has requested further information to proceed. No additional specifics regarding the client's circumstances or preferences have been given at this time, suggesting they are in the early stages of information gathering and preparing to make informed decisions regarding their LPAs.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat is the process for setting up a Lasting Power of Attorney for both Financial and Health decisions?
To set up a Lasting Power of Attorney (LPA) for both Financial and Health decisions, start by obtaining the necessary forms from the relevant government authority. Complete them with required information, including the chosen attorneys and their responsibilities. You must sign the forms in the presence of a witness and a certificate provider who verifies your mental capacity. After completion, submit the forms for registration, which can take several weeks. Additionally, ensure proper signatures and witnesses to avoid delays.
How do I choose the right person to be my attorney and are there any restrictions on who can be appointed?
When selecting an attorney for your Lasting Power of Attorney (LPA), choose someone you trust and who understands your preferences. They must be at least 18 years old and capable of making decisions for you. Attorneys can be a family member, friend, or professional, but they cannot be bankrupt if appointed for financial matters. Contemplate appointing multiple attorneys and whether they'll act jointly or independently.
What are the differences between the Financial and Health Lasting Powers of Attorney, and do I need to consider anything specific for each type?
The Financial LPA allows someone to make decisions about your finances, such as managing bank accounts or selling property, while the Health and Welfare LPA pertains to decisions about your health and personal care. A key consideration is when each LPA comes into effect; the Financial LPA can operate upon registration with consent, whereas the Health LPA activates only if mental capacity is lost.
Can a Lasting Power of Attorney be updated or revoked, and if so, how does that process work?
Yes, a Lasting Power of Attorney (LPA) can be updated or revoked. To update an LPA, a new one must be created, and the previous one revoked formally. Revocation can occur anytime if the individual has mental capacity, with a notice to the relevant authorities. For minor changes, you may notify the authorities directly.
