LASTING POWERS OF ATTORNEY

Under the common law, a power of attorney becomes invalid if the principal loses mental capacity.  This can obviously prevent a power of attorney from being used when it is most needed.  To overcome this problem, the Mental Capacity Act 2005 introduced the Lasting Power of Attorney ("LPA"), which enables appointed attorneys to look after the affairs and interests of persons who have lost the requisite mental capacity to act for themselves.

There are two types of LPA, namely:

  • Property and Financial Affairs LPA

  • Health and Welfare LPA

It is possible to do one or other of the two types or to do both.  They have to be in the respective prescribed forms and each type has to be registered separately with the Office of the Public Guardian.  They have to be correctly completed and signed by all relevant parties including the grantor/donor, the certificate giver, the attorney(s) and replacement attorney(s), and witnesses.

Our service includes:

  • Advice on the necessity for and effects of each type of LPA

  • Advice on who would be a suitable attorney or replacement attorney

  • Advising on directions and instructions to be included in the LPA

  • Preparation of the LPA

  • Supervision of signature and provision of the certificate

  • Registration with the Office of the Public Guardian