If you are over 18 and have the mental capacity to make a Lasting Power of Attorney (LPA) you can appoint someone to look after your affairs if in the future you lack the ability to do so.
When making your LPA you may come across ‘terms’ for people who are key in formulating your LPA. The first of these refers to the person actually making the LPA, they are called the ‘Donor’. The ‘Attorney’ is the person that you are nominating to look after your affairs and make decision on your behalf, in the event that this is needed. The person making an LPA has to name a person who is notified when the person making an LPA applies to have it registered. This named person can object to the registration if they believe that they do not have the mental capacity to apply for an LPA. Finally a Certified Provider is required to complete the Part B Certificate in the LPA form. The Certified provider acts as another check to ensure that the person is fully aware of what the document means and that they are not having pressure applied to them to make a Lasting Power of Attorney. All Lasting Powers of Attorney require witnesses.
A Lasting Power of Attorney is made up of several parts. Part A is where the person making the LPA specifies the details of who they want to act on their behalf. Part A is called ‘The Donor’s Statement’. This is also the place where you name the person that will be notified of your registration.
Part B is the Certificate Provider’s statement and finally Part C involves the person that is assigned to look after your affairs ‘the Attorney’ providing a statement to say that they understand all that is involved with being assigned as an Attorney.
Lasting Powers of Attorney are complex and important safeguards and it is important that they are prepared by an expert to ensure that they are legally binding. Our expert solicitors and lawyers have many years of experience of creating LPAs and our Probate team has a member appointed to the Court of Protection Receivers Panel.