Making an LPA.
Making an LPA.
To make an LPA, a form is completed which includes:
- The Donor's statement
The donor is the person making the LPA. This statement includes all of the Donor's details. When making an LPA, you write a statement which describes your wishes; who you want to act on your behalf and in what ways, including any guidance or restrictions, choice of Attorney and if you want anyone to be notified if the LPA is registered.
- The Attorney's statement
Attorneys are the people that you choose to manage your affairs should the need arise.
- The Certificate Providers statement.
The certificate provider is selected by the donor and gives confirmation that the donor understands the LPA and is capable to make the document. The LPA form outlines who can be a certificate provider - only certain people can take this role. The certificate provider has to speak to the donor privately to satisfy themselves that there is no fraud or pressure being put upon the donor to make the LPA, and that the donor fully understands the document and its implications. If you do not name anyone to be notified when if the LPA is registered within the Donor's Statement, two certificate providers are needed. These safeguards help to protect donors when making an LPA, as it is such a powerful document.
Guidance for your Attorney
Guidance for your Attorney
You may include discretionary guidance for your attorneys in your Lasting Power of Attorney, to assist them in making decisions on your behalf. This could include people you would like your attorney to consult when making decisions, your views, beliefs and values which may affect how the attorney makes decisions as to where you would like to live etc.
Making a Lasting Power of Attorney (LPA) - Dale & Co.
Making a Lasting Power of Attorney (LPA) - Dale & Co.
An LPA allows you to plan for the future by appointing one, or joint, attorneys to act on your behalf if you become unable to do so. Multiple attorneys can be asked to make decisions together or independently and together, where you feel it is appropriate.
To make an LPA you must be aged 18 or over and be capable to do so. You cannot make a joint LPA - each person must make their own. An LPA cannot be used until it is registered with the Office of the Public Guardian.
Lasting Power of Attorney - Restrictions
Lasting Power of Attorney - Restrictions
If you do not replace any restrictions on your Lasting Power of Attorney, your attorney will be able to make decisions that you are able to make over your property and finances, if you are making a property and affairs power or over your health and welfare decisions if you are making a personal welfare power.
You may include legally binding restrictions or conditions on how your attorney should act for you. You do not need to include any and it is usually not advisable as it can prevent flexibility.
These could include preventing your attorney from making any gifts e.g. birthday presents, preventing your attorney from selling or dealing with your home, restricting where you live, restricting who you have contact with or who has contact with you.
Life sustaining treatment – you must choose in the personal welfare power whether you wish your attorney to be able to give or refuse life sustaining medical treatment which is based on the circumstances at the time and not the treatment. It does not authorise euthanasia.
LPA Property
LPA Property
For the Property and affairs LPA, you can act as attorney at any time after the document is registered, unless the donor has specified that you can only act when they lack the capacity to make decisions for themselves. You must then make any decisions as laid out in the LPA, and comply with any restrictions, making these decisions jointly or independently as specified by the donor.
Separation
Separation
Separation can be an option for both married and unmarried couples, whether as a short term trial before divorce or a longer term solution. We can help to make your separation work for you, from preparing a Separation Agreement to include arranging finances and children's matters to making an application to the court for a Judicial Separation if appropriate.
Contact us to book a free initial consultation and to request a copy of our free booklet, a Guide to Divorce or Separation.
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