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PREPARATION OF LASTING POWERS OF ATTORNEY
Lasting Power of Attorney (LPA) is a legal document under which you ('the Donor') can appoint one or more persons ('Attorneys') to act on your behalf.
Unlike a normal Power of Attorney, which will cease to have effect when the Donor loses capacity, an LPA will continue to be effective should the Donor lose the mental capacity to make such decisions at some future time.
An LPA allows the Donor to specify in advance trusted family, friends or professionals to make decisions for them, should they ever lose the capacity to make those decisions themselves.
The LPA is created using a prescribed form of Deed in which the Donor sets out their wishes. The Document will explain who they wish to be their Attorney(S) and how they are to act.
Many people do not consider what will happen to them when they lose capacity.
Unlike the old Enduring Power of Attorney, before either type of LPA can be used, it must be registered with Office of the Public Guardian. However the LPA does not have to be registered immediately, therefore LPA's should be created sooner rather than later and held by the Donor until such time as they wish it to be registered.
If having created the LPA the Donor changes their mind about who they wish as Attorneys or wishes to cancel the LPA, then even if registered they may cancel it at any time provided they have capacity to understand the ramifications of their decision.