Acting as a Lasting Power of Attorney (LPA) is an important role that requires a clear understanding of your duties and responsibilities. An LPA is a legal document that allows a person (the donor) to appoint someone they trust (the attorney) to make decisions on their behalf if they lose mental capacity or wish for assistance in managing their affairs. There are two types of LPA:
- Property and Financial Affairs – For managing finances and property.
- Health and Welfare – For making decisions about health care and personal welfare.
Here is a comprehensive guide on how to act as a Lasting Power of Attorney.
Understanding Your Role
Legal Duties
- Fiduciary Responsibility: You must always act in the best interests of the donor, maintaining their dignity and respecting their wishes and values.
- Legal Compliance: Abide by the rules set out in the Mental Capacity Act 2005 (in England and Wales) or equivalent legislation in your jurisdiction.
Capacity Considerations
- Assessing Capacity: Regularly assess whether the donor still has the capacity to make specific decisions. Capacity can vary over time and between different decisions.
- Acting Without Capacity: Make decisions only if the donor lacks capacity, and always consider their past and present wishes.
Registration and Documentation
Register the LPA
- Register with the Office of the Public Guardian (OPG): An LPA must be registered before it can be used. Ensure this is completed, even if you don’t intend to act immediately.
Keep Records
- Record-Keeping: Maintain detailed records of financial transactions and decisions. This includes receipts, bank statements, and notes on health or welfare decisions.
Decision-Making Process
Financial Decisions
- Property and Financial Affairs: Manage bank accounts, pay bills, collect benefits or pensions, manage property, and handle investments. Always prioritise the donor’s financial well-being and future needs.
- Budgeting and Planning: Ensure a budget is in place and review it regularly to safeguard the donor’s financial interests.
Health and Welfare Decisions
- Medical Treatment: Consult with healthcare professionals, respect the donor’s wishes regarding treatment options, and consider advance directives or living wills.
- Living Arrangements: Make decisions about the donor’s living arrangements, considering their preferences and best interests.
Consent and Consultation
- Consultation: Whenever possible, involve the donor in decision-making. Consult family members or other relevant parties if it aligns with the donor’s best interests.
- Seeking Consent: Obtain consent from healthcare providers or financial institutions as required, providing proof of your authority.
Communication and Interaction
Interaction with Professionals
- Liaise with Professionals: Work with doctors, care providers, financial advisors, and legal professionals as necessary, ensuring they have the information needed to assist the donor effectively.
Family and Friends
- Open Communication: Keep family and friends informed about major decisions and developments while respecting the donor’s privacy.
Limitations and Safeguards
Know Your Limits
- Recognise Boundaries: Understand the limits of your authority. You cannot make decisions beyond the scope specified in the LPA.
- Legal Restrictions: You cannot make decisions about marriage, divorce, adoption, or voting on behalf of the donor.
Safeguarding the Donor
- Prevent Abuse: Be vigilant about any signs of financial or physical abuse and report concerns to the relevant authorities.
Ending the Role
Termination of LPA
- Revocation: The donor can revoke the LPA while they still have capacity. Ensure you have written confirmation and notify the Office of Public Guardian (OPG).
- Death of the Donor: Your role ends immediately upon the donor’s death, after which the executor of the estate takes over.
Additional Considerations
Legal Advice
- Seek Professional Help: Consult a solicitor or legal advisor if you are uncertain about any aspect of your duties or face complex decisions.
Training and Support
- Education: Attend workshops or courses on acting as an LPA to better understand your responsibilities and best practices.
Self-Care
- Managing Stress: Acting as an LPA can be demanding. Ensure you manage stress and seek support if needed.
Conclusion
Acting as a Lasting Power of Attorney is a significant responsibility that requires diligence, empathy, and integrity. By understanding your role and responsibilities, maintaining clear communication, and acting in the donor’s best interests, you can effectively fulfil your duties as an LPA.
For the latest rules please visit the OPG website for more information.
Further Information
We specialise in Wills, Trust, and Lasting Power of Attorney. Covering areas such as Runcorn, Liverpool, Warrington, Frodsham, and Chester. Get in touch today and see how we can help you. We have a specialist team of professionals who are happy to answer any questions you may have. You can find our details on the Contact Us page.
Our team are members of Society of Will Writers and are SWWEPP Qualified, and we offer one-to-one appointments either face-to-face or over the phone/zoom.