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riverglen financial associates

FACTSHEET – LASTING POWER OF ATTORNEY (LPA’s)

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Many older people become worried that they may not have made adequate provision for the future should they become incapable of dealing with their own affairs or have to go in to nursing care.

An LPA is a legal document that lets you appoint someone you trust as an ‘attorney’ to make decisions on your behalf.
It can be drawn up at any time while you have mental capacity, the LPA must be registered with the court before it can be used regardless of the donor’s mental capacity. In order for the document to be registered, it will need to be accompanied by a certificate confirming that the donor understands the effect of the LPA and that there is no fraud or undue pressure on the donor.  Riverglen Financial Associates recommend that you seek legal guidance in establishing a Power of Attorney

A registered LPA can be used at any time, whether you have the mental ability to act for yourself or not. A donor can revoke their LPA at any time provided they have the mental capacity to do so.

You can create two types of LPA:
• Property and Affairs LPA
• Personal Welfare LPA

Property and Affairs LPA

A Property and Affairs LPA allows you to choose someone to make decisions about how to spend your money and the way your property and affairs are managed.

Personal Welfare LPA

A Personal Welfare LPA allows you to choose someone to make decisions about your healthcare and welfare. This includes decisions to refuse or consent to treatment on your behalf and deciding where you live. These decisions can only be taken on your behalf when the LPA is registered and you lack the capacity to make the decisions yourself.