Most people are confused about the duties of a Lasting Power of Attorney/LPA, so they most likely ask what their responsibilities are; however, the answer depends on the area of expertise of the hired lawyer. If you are confused about the types of Lasting Power of Attorney/LPA, the lasting Lasting Power of Attorney/LPA guide gives direction to anyone interested in making and registering for lasting Lasting Power of Attorney/LPA in the UK. It also helps to inform the donor about the duties and responsibilities of an attorney. You don’t have to be confused as there are three types of Lasting Power of Attorney/LPA namely;
1. An ordinary Lasting Power of Attorney/LPA
This is the type of POA that gives the agent a limit for a particular transaction or a general power over the donor’s estate.
2. Lasting Lasting Power of Attorney/LPA
The lasting POA focuses on the health and welfare and financial affairs of the donor.
3. Enduring Lasting Power of Attorney/LPA
Enduring POA is a type of Lasting Power of Attorney/LPA that does not apply to the personal welfare of the donor and it can remain in force after the donor has lost his mental capacity only if the agent has registered it under the Office of the Public Guardian (OPG).
Quick Lasting Lasting Power of Attorney/LPA Guide
The Lasting Lasting Power of Attorney/LPA is a kind of attorney that involves an ongoing arrangement that has no expiry date between an attorney and the donor. The Lasting Lasting Power of Attorney/LPA allows the attorney to make decisions on behalf of the donor.
How it works
The LPA becomes effective once the donor is no longer capable of looking after his/her interests. To be sure, a doctor needs to show the medical report about the incapacitated state of the donor. The agent will then show the registry of the district court and the medical report and mandate of future protection for the LPA to be effective. The LPA could be modified or cancelled any time if it did not pass through the process.
To be able to act as a Lasting Power of Attorney/LPA, one must be 18 years old and above, must not be bankrupt and must have a healthy mental capacity to make decisions on behalf of the donor. Anyone can act as a lasting Lasting Power of Attorney/LPA, be it the spouse, close friends or relatives. It is always best to choose a person that will best represent your interest.
Purpose of the different type of lasting Lasting Power of Attorney/LPA
The purpose of a lasting Lasting Power of Attorney/LPA depends on the type of LPA. Anyone operating the lasting Lasting Power of Attorney/LPA can hire more than one attorney but must state if they would work individually or together. The purpose of the different types of attorney are:
- Property and affairs lasting Lasting Power of Attorney/LPA
The purpose of the property and affairs LPA is to make decisions about the donor’s money and property, which includes paying bills, managing the donor’s bank account, collecting his pensions or benefit, and, if necessary, selling his house.
- Health and welfare lasting Lasting Power of Attorney/LPA
The health and welfare lasting Lasting Power of Attorney/LPA enables the agent to make decisions about the personal routines of the donor like washing, eating, dressing. The attorney decides the medical care of the donor, if they are to move into a care home, and if the donor is to be put on a life-sustaining medical treatment if the need arises.
Duties and responsibilities of LPA
The duties and responsibilities of the two types of lasting Lasting Power of Attorney/LPA vary. Although both take care of the personal needs of the donor but are made of different functions. Some of the duties of the health and welfare lasting Lasting Power of Attorney/LPA and property and welfare lasting Lasting Power of Attorney/LPA are;
Health and Welfare LPA
Health and welfare LPA is the type of lasting Lasting Power of Attorney/LPA that deals with the personal needs and health issues of the donor such as:
1. Taking care of the donor
It is the responsibility of the agent to choose who cooks and feeds the donor, who washes his clothes and also who dresses him up. The condition of the donor won’t allow him to make these simple choices, so the attorney decides who will take care of the donor.
2. Provide medical care
One of the primary responsibilities of a Lasting Power of Attorney/LPA is to prevent unwanted treatment of the donor. The attorney does this by informing the doctor on what kind of treatment is allowed for the donor.
3. Moving into a care home
The agent also needs to decide if the donor should be taken to a care home or be left in the house. A lot of home care requires the lasting Lasting Power of Attorney/LPA for the residents.
4. Provide life-sustaining treatment
Even though the health condition of the donor is in a critical state where a life-sustaining treatment is needed, the lasting Lasting Power of Attorney/LPA will be the one to give the signal if the donor allows it.
Property and Affairs LPA
Overall Duties and Responsibilities:
The duties of an attorney in an LPA must be carried out effectively by the attorney who acts on behalf of the donor. Some of the responsibilities include:
1. Follow the donor’s instructions
There are instructions that the donor wants to be carried out. The agent must obey everything that has been stated by the donor rather than his suggestions. For example, the donor might want to be put in life support when his health issue is critical.
2. Act in good faith and best interests
Attorneys should make every decision putting the best interest of the donor at the back of their mind since they know the beliefs, wishes and feelings of the donor, and understand what will be the best for them.
3. Respect confidentiality
Part of the Lasting Power of Attorney/LPA responsibilities and liabilities is that the agent must respect the donor’s confidentiality by keeping any secret from the third party like family members and the general public.
4. Comply with the directions of the Court of Protection and the OPG
The office of the Public Guardian is part of the lasting Lasting Power of Attorney/LPA guide to help the donors stay in control of decisions about their finance and health, so the best thing as an agent is to comply with the directives.
5. Payment of Debt
It is not part of the Lasting Power of Attorney/LPA responsibilities and liabilities to pay the debt from his/her income. Instead, the agent will take money from the donor’s account to clear the debt.
Decisions an Attorney under LPA can make
It is not all decisions that the attorney can make under the lasting Lasting Power of Attorney/LPA. It is only the decision within his power that can be exercised. Some of the Lasting Power of Attorney/LPA responsibilities are:
- What to buy or who to sell a donor’s property
The agent can decide to buy any property that he feels will be valuable in the future but cannot sell the donor’s property that has been assigned to a person in the will unless it is stated otherwise by the donor.
- When to open & close the donor’s bank accounts
The attorney can open a bank account on behalf of the donor any time unless the donor specifies otherwise and has the power to close it when the donor dies.
- Claiming/receiving the donor’s benefits
The agent has the power to receive gifts on behalf of the attorney and must make sure that the bank account is kept different from his/her account.
- Dealing with the donor’s tax affairs
The attorney must pay the tax of the donor on his behalf and must keep every evidence of payment so that he can defend himself in case he is reported to the office of the public guidance.
- Where to invest the donor’s savings
The agent can invest the savings of the donor into any business that he feels will yield a reasonable return as his representative.
- Arranging payment and looking for medical care/residential or nursing home and taking appropriate advice
The agent is responsible for decisions about the payment of the doctors for their services and also responsible for getting a location for a nursing home for the donor if necessary. But when it comes to giving consent about life-sustaining treatment, the donee must have been instructed by the donor on what to do in the LPA.
- Applying for any funding entitlements for care requirements
If need be, the agent can help apply for funding entitlements only in the name of the donor. The LPA is basically for the good of the donor, and so the attorney cannot apply for such entitlement with his name.
- Buying a vehicle or necessary equipment for the donor
The attorney can buy any equipment that will improve the donor’s welfare since the interest of the donor is his priority.
- Repaying any loans the donor has
The attorney can only pay loans on behalf of the donor if the creditor presents the agent with a receipt as evidence to show it’s authentic.
Conclusion
At this point, we have been enlightened on the meaning of lasting Lasting Power of Attorney/LPA, the different types of lasting Lasting Power of Attorney/LPA and their respective duties and responsibilities, and how they go about carrying out such responsibilities.
My Estate Planning Services provide a lasting Lasting Power of Attorney/LPA guide. We check your lasting Lasting Power of Attorney/LPA form and advise you on how best to go about it. We will also provide you with comprehensive sign instructions. Other laws affect how lasting Lasting Power of Attorney/LPA is completed.
We can assist you with the Lasting Power of Attorney/LPA 24/7 to make sure you don’t incur further legal costs in the future. Inquire on any of My Estate Planning Lasting Power of Attorney/LPA plan. You can contact 0800 847 7985 as we’re always here to help you.
