Private Nursing Home Sandhurst

Lasting Power of Attorney

At Atkinsons Homes, we will help you guide through all the information.

A lasting power of attorney (LPA) is a legal document which allows individuals to give people they trust the authority to manage their affairs if they lack the capacity to make certain decisions for themselves in the future.

To set up an LPA a person must be 18 or over and have the mental capacity to decide to do so. The person chosen to make decisions on behalf of the donor is known as the attorney. The attorney must be over 18 and must themselves have the mental capacity to act as an attorney. For property and financial affairs LPA’s, the attorney must not be bankrupt.

There are two types of LPA;

  • Health and Welfare
  • Property and financial affairs

Health and Welfare LPA

This LPA gives the attorney the power to make decisions about the donors health and care. It covers day-to-day decisions like food and drink, clothing and activities, and bigger decisions such as where to live, and whether to receive medical treatment. It can only be used when the donor has lost the mental capacity to make the relevant decision for themselves.

Property and Finance LPA

This gives an attorney the authority to make decisions about the donor’s property and money. Again, this can be day-to-day decisions, such as paying a bill, or more complex financial decisions, such as selling the donor’s property or shares. A donor can choose for it to be used when the individual lacks the capacity to make the relevant financial decision for themselves, or when LPA becomes officially registered. 

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