Lasting Power of Attorney

What is an LPA?

Have you considered what would happen if you were unable to make decisions about your affairs due to a loss of mental capacity?

An LPA, or Lasting Power of Attorney, is a vital legal document that empowers individuals aged 21 and above to proactively plan for such circumstances.

In this important legal instrument, known as an LPA, the person creating it—referred to as the donor—designates a trusted individual, known as the donee, to act on their behalf and make decisions.

Who should I appoint as my donee?

It’s crucial to choose a donee who is not only trustworthy and reliable but also competent to make decisions aligned with your (the donor) wishes.

Choosing the right LPA for yourself

It’s essential to understand the distinction between LPA Form 1 and LPA Form 2, ensuring that your preferences align with the most suitable option.

While LPA Form 1 is the preferred and widely utilised option, LPA Form 2 caters to those with unique requirements, offering a tailored and comprehensive solution for a more intricate and personalised approach to power of attorney.

For those seeking a straightforward approach, LPA Form 1 stands as the go-to standard version. It grants general powers with basic restrictions to the chosen donee or donees.

On the other hand, LPA Form 2 caters to individuals with non-standard requirements. If you wish to bestow customised powers upon your donee or appoint more than two donees, this form is the ideal choice. Notably, LPA Form 2 necessitates professional drafting by a lawyer to ensure precision and adherence to your specific wishes.

LPA Form 2 also extends the flexibility of naming more than one replacement donee. This allows for seamless transitions in case an existing donee passes away, faces financial challenges, or loses mental capacity. Additionally, the donee has the option to notify the OPG if they choose to disclaim their appointment, providing an added layer of control and adaptability in the dynamic landscape of life’s uncertainties.

Unlock Peace of Mind with an LPA

For those who are sole breadwinners or have a history of health problems, utilising an LPA becomes especially paramount. Additionally, an LPA allows for the nomination of more than one donor, adding flexibility to the decision-making process.

Timing is of the essence, particularly in cases where someone has recently received a dementia diagnosis. Despite this diagnosis, it’s important to note that having dementia doesn’t automatically signify a loss of mental capacity. Early signs may still allow individuals to make informed decisions, making it possible to establish an LPA promptly.

Without an LPA in place, the alternative involves a potentially lengthy, costly, and stressful court application process for family members or loved ones to become deputies, appointed by the court to manage the affairs of an individual lacking mental capacity.

Choose the path of foresight, control, and ease. Set up your LPA today and ensure that your wishes are respected, sparing your loved ones unnecessary burdens during challenging times.

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