If you’ve been asked to be an attorney for another person’s Lasting Power of Attorney, it’s important to consider what’s involved first. This means understanding what an LPA is and the responsibilities and constraints of the role. Let’s take a look at what needs to be considered.
Understanding the role of an LPA attorney
An attorney for a Lasting Power of Attorney has important responsibilities if they are ever asked to perform these duties. It’s important to understand the relevant legislation and guidance documents from the government that define these responsibilities.
Look at the LPA section 8 and read the Mental Capacity Act Code of Practice for full information.
Read the LPA
It’s possible to create a power of attorney online or on paper. For a Power Of Attorney Online, you can simply log in and read the specific preferences and instructions your donor has included in the document. This helps you to be clear on what you are being asked to do.
Understand the limitations
As an attorney, there may be limitations under the LPA. For example, there might be specific provisions that limit your authority to gift finances, and you may only be able to use the LPA when the donor no longer has mental capacity. It’s important to read and understand these limitations.
Understanding timing and registration
The LPA must be registered at the Office of the Public Guardian before the attorney has the legal ability to carry out their role. The property and financial affairs LPA comes into effect as soon as it is registered, even where the donor has the capacity to make decisions. However, the health and welfare LPA is only applicable when the donor can no longer make decisions independently. It can take up to 16 weeks to register the document.
In short, acting as an attorney under a Lasting Power of Attorney arrangement is a significant responsibility and one that must be carried out with a full understanding of the role, its purpose, the constraints and the processes involved.
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