differs from health and welfare in many ways, but most of all, the donor can decide whether they would like the LPA to be enforceable once it has been registered with the OPG and, unlike the health and welfare LPA, this LPA can be used when they have full mental capacity. This LPA covers a donor’s financial decisions to include operating bank accounts, paying bills and buying or selling property. The powers given to an attorney can be restricted and the donor can also provide them with guidance on how they would like their affairs to be dealt with. Even though the LPA can be used once registered, this does not mean that upon registration the attorneys can have complete control of the donor’s financial affairs. While they have mental capacity, only with their instruction can the LPA be used. Setting Up an LPA In both types of LPA, the donor can appoint as many attorneys as they want, but it is advised to have no more than four as too many attorneys may not be able to agree on the decisions they make on a donor’s behalf. A donor can also nominate replacement attorneys who would only act as an attorney should one or more of the attorneys be unable or unwilling to act once the LPA is registered. Much like attorneys, there is no restriction on the number of replacements that can be chosen, but again it is advised to have no more than four for the same reason. Each LPA can have differing attorneys, should the donor wish to have different people to handle their financial affairs to those making their health decisions. An attorney must be over the age of 18, have mental capacity and, for the property and financial LPA, the attorney cannot have been bankrupt. The attorneys can be a donor’s partner, family, friend or even a professional such as a solicitor. To complete an LPA registration, the donor must have a certificate provider countersign the LPA. The certificate provider’s role is to confirm to the OPG that the donor is fully aware of the significance of the LPA and has not been pressured or defrauded into making one. The certificate provider can be a friend, a work colleague or someone who has known the donor for at least two years, but they cannot be related to the donor or any of the attorneys. Alternatively, the certificate provider can be a professional, such as a doctor or solicitor, who can professionally assess that the donor unequivocally understands the LPA they are creating, and they are of sound mind. 50 LAWYER MONTHLY JULY 2023
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