There are two types of a LPA’s. One covers decisions as to your financial affairs and the second LPA pertains to your health and care. An LPA comes into effect if you lose mental capacity, or if you no longer wish to make decisions for yourself.
You would set up an LPA if you want to make sure you’re rights and wishes are covered in the future if you should lose mental capacity in the future or choose to no longer make decisions for yourself. An LPA is to be registered with the Office of the Public Guardian to ensure all required persons have been formally notified of the intended LPA and to enable people involved with the LPA to raise any concerns they may have. If there are no objections or problems then the LPA will be officially registered with the Office of the Public Guardian thereby making the document lawfully legitimate and enforceable.
An LPA for financial decisions.
An LPA for financial decisions can be used while you still have the mental capacity or you can specifically state that it will only come into force if you should lose the mental capacity to make decisions on your own. You can choose to restrict the types of decisions your attorney can make, or you can provide them with carte blanch to let them make all decisions on your behalf. A financial LPA can be used for –
- Paying bills
- Paying the mortgage
- Investing money
- Arranging repairs to the property
- Buying and selling property
If you set up a financial LPA then your attorney is required to keep accounts and make sure your money is kept separate from theirs. For an extra layer of protection, you can set up specific details for the attorney to provide you with regular updates as to your finances – such as how much has been spent and your current balance. It can be arranged for these details to be sent to your solicitor or a family member for analysis if you should lose mental capacity.
An LPA for health and care decisions.
An LPA for health and care decisions can only be used once you have lost the mental capacity to ensure your wishes pertaining to your health and care are followed through. Generally, an attorney can make the following decisions as to –
- Your medical care
- Your living arrangements
- Who you should have contact with
- The kind of social activities you should take part in
- What you should eat
By special permission, you can also give your attorney the power to make decisions as to your life-saving treatment. For example –
- Being put on a ventilator when you cannot breathe on your own
- Antibiotics for any life-threatening infection
- Being given food or fluids artificially, for example through a drip, a tube through the nose or through a tube directly into the stomach
- Cardiopulmonary resuscitation (CPR) if your heart fails
Legal Road offers a full LPA service for a fixed fee of £289.00*. There is an additional fee of £82.00 per LPA registered with the Office of the Public Guardian.
*price excludes VAT