A lasting power of attorney (LPA) is a legal document that is created to enable the donor to appoint one or more attorneys for the role of decision making. In simpler terms, they are assigned to make decisions on behalf of the donor. Why can’t I just make decisions on my own? Why appoint someone to make decisions on my behalf? The essence of LPA is to give you a significant amount of control should anything bad happen to you. For example, if a person gets involved in an accident or develops an illness that affects his mental capacity, his LPA can be helpful to get certain things done.
Types Of LPA?
There are two types of LPA:
- Health and welfare – this LPA covers decisions pertaining to health and personal welfare
- Property and financial affairs – it covers decisions about money and property
Health And Welfare
With this type of LPA, attorney can take decisions about the following activities:
- Medical care
- Daily routine: dressing, washing, and eating
- Life-sustaining treatment
- Moving into a care home
This LPA can only be used when you are no longer able to make mentally incapacitated.
Property And Financial Affairs
Attorneys under this LPA can make decisions pertaining to money and property on your behalf in the following areas:
- Bill payments
- Home sales
- Benefits or pension collection
- Bank or building account management
With your permission, this LPA can be enforced.
Creating An LPA Online
Creating an LPA has never been easier than now. With the evolution of the internet, it is easy to have an LPA within a short period. There are several reputable websites where you can create an LPA. In fact, you can create one here: http://willstrustslpa.co.uk/serviceareas/lasting-power-of-attorney-online//. Here are some steps to take:
- Visit a reputable site and download the paper. You can as well have someone else use the online service on your behalf. They could include a loved one, family member, friends, or attorneys. Register your LPA.
- You can always save your forms and come back to them later on.
- Review your answers before printing the form to sign.
Signing Your LPA Forms
Aside from you signing the forms, the following people have to append their signatures as well:
- Witnesses
- Attorneys
- A certificate provider, who will verify that you are creating this LPA by choice and understand its terms and conditions.
It is important to have the signatures of everyone involved in the original documents. Digital signatures are not allowed.
Requirements For Witnesses Or Certificate Provider
Only individuals who are age 18 years and above can become witnesses or certificate providers. Witnesses are permitted to be present at one another’s signing. However, they can not witness you sign or sign as the certificate provider. The donor can not be a witness to an LPA.
Certifying A Copy Of An LPA
It is important to certify a copy of your Lasting Power of Attorney to verify that it is genuine. If you do not have the original form, you can contact your attorney to register your LPA using a certified copy. With this copy, your attorney is permitted to make decisions on your behalf.