Explaining Lasting Power of Attorney

Question 1

What is Lasting Power of Attorney?

Answer 1

A third party is appointed (in advance) to make decisions on the patient’s behalf should they lose capacity.
The third party may be 1+ people.
If more than one person is chosen as Lasting Power of Attorney they can be appointed to act together (jointly), or so that each can make decisions alone (jointly and severally).

Question 2

Who is allowed to be a Lasting Power of Attorney?

Answer 2

• Relative
• Friend
• Legal advocate

Question 3

What are the different types of Lasting Power of Attorney?

Answer 3

1. Health and welfare

2. Property and finance affairs

Question 4

When does a Lasting Power of Attorney for health and welfare take effect?

Answer 4

When the patient lacks capacity

Question 5

What is the Lasting Power of Attorney for health and welfare able to do?

Answer 5

Make decisions regarding:

• Daily routine
• Medical care
• Moving into a care home
• Refusing life-saving treatments

Question 6

What is the Lasting Power of Attorney not able to do?

Answer 6

Only have the right to refuse offered medical treatments, not to choose which treatments to have

Question 7

When does a Lasting Power of Attorney for property and financial affairs take effect?

Answer 7

Can take effect immediately with the patient’s consent

Question 8

What is the role of the Lasting Power of Attorney for property and financial affairs?

Answer 8

Make decisions regarding finance, bills, pensions, and selling property

Question 9

How can you register a Lasting Power of Attorney?

Answer 9

• There is a fee payable to the Office of the Public Guardian to register a power of attorney
• There will also be legal fees if a solicitor is involves
• Applications can be made via a solicitor or independently online or by paper forms
• Documents will also need to be signed by witnesses