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Power of Attorney

The Act allows appointment of someone else to make decisions for a person in the future, should they lack capacity to do so themselves

lasting power of attorney (LPA)
This allows the choosing of someone else to manage a person’s affairs on their behalf. It can be a friend, relative or professional. More than one person can be chosen. The LPA is specific to the person. The person will decide who will have the power to control their affairs and the precise limits of that power.

Putting these measures in place now can provide peace of mind and protection for you and your family in the future. There are two types of LPA:

Types of LPA

A “Property and Affairs LPA” gives powers to the chosen attorney to make decisions about financial & property matters e.g. selling a house, managing a bank account.

A “Personal Welfare LPA” gives powers to the chosen attorney to make decisions about health & personal welfare e.g. where a person should live, day to day care or having medical treatment.

Difference

Personal Welfare LPA will only take effect when capacity to make decisions is lacking.

Property and Affairs LPA. The person can specify that the attorney should only start managing their financial affairs after they lack capacity, sometime in the future. If they do not specify this, the attorney can start using the LPA after it is registered, but while they still have capacity.

Making a Lasting power of Attorney

Need to complete a form from the Office of the Public Guardian (OPG). There are two forms, one for each type of LPA.

A certificate needs completing as part of the LPA form. Signed by an independent person stating that the person fully understands what is involved in making the LPA, what it will mean to have one in place and that no fraud or undue pressure is being used to make them create the LPA.

After completion the LPA must be registered with the OPG before it can be used.