Lasting Powers of Attorney (LPAs) are documents whereby a donor (the person making the LPAs) gives authority to an attorney or attorneys to act on their behalf.
There are two types of LPA: Property and Financial, and Health and Welfare. You can appoint up to four attorneys, as well as appointing replacement attorneys. You can also appoint different attorneys for each of the LPAs.
There can be a misconception that if a donor is unable to sign the documents because of a disability or, for example, they have suffered a stroke, then they would not be able to make LPAs. Fortunately, this is not the case. The important point is that the donor has the mental capacity to give and relay their instructions. Provided the donor has mental capacity, the documents are prepared in the usual way.
When it comes to signing and witnessing, further steps are taken at this point, but the LPA process can then proceed as normal. We always recommend clients prepare LPAs sooner rather than later, as none of us can predict what may happen in the future. We also recommend that the LPAs are registered at the Office of the Public Guardian as soon as possible in case they are needed urgently in the future. The registration process is currently taking about three to four months.
If you would like further information about either the LPA document or the process, please contact Tracey Abercromby, or email the Private Client Department.