Points to consider before starting the LPA process
There are a series of key choices and decisions to make before starting the process of completing the Lasting Power of Attorney (LPA) form.
These are as follows:
Do you want an LPA for financial and property decisions, an LPA for welfare and care decisions, or do you need both?
Who do you want to act as your attorney(s)?
Should your attorneys make decisions together (jointly) or have the choice to act together or separately depending on the situation (jointly and severally)?
Do you want your attorneys (under the Welfare LPA) to be able to make decisions about whether or not you should receive life sustaining treatment?
Who can you ask to sign your documents to confirm that you have the mental capacity to understand the purpose and implications of your Lasting Power of Attorney? This person must have known you for two or more years and be independent of you and your attorneys.
Who do you want to appoint as your attorneys?
You can appoint more than one attorney, but not so many that it becomes unworkable. If you only appoint one attorney, consider what would happen if that person could no longer act for you, it might be worth thinking about having a replacement attorney who could take over if your main one could no longer act.
How should my attorneys act?
Your attorneys can act either jointly or jointly and severally.
Jointly: if attorneys are appointed jointly the law will treat them as being one person, therefore they must agree on everything and any documents that need signing must be signed by all attorneys. Should one of your attorneys be unable to continue acting on your behalf, the remaining attorney(s) can no longer act for you.
Jointly and severally: attorneys can make decisions and sign documents without the other attorney(s) being present and independently. Should one of your attorneys have to stop acting for you, the remaining attorney(s) can continue acting on your behalf.
Do you want your welfare attorneys to be able to make decisions about life sustaining treatment?
By giving your attorneys authority to decide about life sustaining treatment, you are allowing them to be part of that discussion with the healthcare team and if necessary, make that decision. You must remember that life sustaining treatment can include nutritional support through a feeding tube, dialysis, and artificial ventilation. The healthcare team will discuss the options with your family and attorney, and in extreme cases where a decision cannot be reached, they will refer the decision to the Court of Protection.
Getting in contact
Phone: 0300 330 5514 (calls charged at the local rate)
Phoneline open hours: Monday to Friday 9.30am – 1.30pm
Email: advice@diverseabilities.org.uk
Address: Diverse Abilities Central Office, Langside School, Langside Avenue, Poole, BH12 5BN