In an aging society, it is important that we have appropriate measures in place to secure our future. Appointing a lasting power of attorney (LPA) is a great way to do this, but it seems that people are still unfamiliar with these legal documents or do not understand the different types of LPAs and the mistakes that can be made when setting them up. When it comes to appointing an attorney, many lack clarity over who they can and cannot choose. However, an individual can appoint whoever they like as an attorney, be it a spouse, close friend, relative, sibling or even a solicitor. For those who choose to appoint their children, they should assess a number of factors before doing so. In this article, I will clarify the purpose of an LPA and what to consider when choosing a family member as your attorney. What is an LPA? A lasting power of attorney (LPA) is a document which, when registered with the Office of the Public Guardian (OPG), gives people, known as attorneys, responsibility to make decisions on someone else’s behalf (the donor). There are two types of LPAs available: health and welfare LPAs and property and financial decisions LPAs, with each LPA covering different aspects of a donor’s life and including different responsibilities for an attorney. The health and welfare LPA can only be used once the donor has lost mental capacity, which is defined by the OPG as being unable to make decisions for themselves. Attorneys would have the authority to discuss a donor’s healthcare and medical treatments with doctors as well as make decisions on their living arrangements. Within this LPA, a donor can inform their attorneys whether they wish to receive life sustaining treatment. The property and financial affairs LPA 48 LAWYER MONTHLY JULY 2023 Special Feature For the elderly and those unable to make decisions regarding their health or finances with clarity, a lasting power of attorney (LPA) represents a way for them to place such decisions in the hands of one that they trust. However, the nuances of LPAs and how attorneys are appointed are often misunderstood. In this article Frank Smith, Managing Partner at Frank Smith & Co Solicitors, explains how an LPA can help secure a person’s future and if appointing children as attorneys can be an issue. Should You Appoint Your Children as Attorneys in Your LPA?
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