LEGAL EAGLE: Advised to get Lasting Power of Attorney for my mother

A Lasting Powers of Attorney (LPA) is a legal instrument made by a person (the donor) to appoint another person or persons (the attorney(s)) to deal with their affairs. An LPA can be made in relation to property and financial affairs and/or in relation to health and welfare issues.

The property and financial affairs LPA covers such things as bank accounts, investments, income including benefits and pensions, and property.

The health and welfare LPA covers such things as medical and care decisions, and the donor can give their chosen attorney the power to make decisions in relation to life sustaining treatment if they wish.

However, you cannot apply for an LPA with regard to your mum: she has to make the LPA.

An LPA can only be made by a person before they lose mental capacity. A third party such as an appropriate professional or a person who has known the donor for over two years must act as certificate provider to certify on the LPA instrument that the donor has mental capacity to make the LPA.

Anyone aged over 18 with the mental capacity to do so can make an LPA.

The person making the LPA chooses who they want to act as their attorney(s) and chooses what powers they wish to give to the attorney(s).

Hence, once someone has lost the mental capacity to make an LPA a third party, even a family member, cannot obtain one on their behalf.

The forms needed to make an LPA can be obtained from www.gov.uk or you can contact a solicitor.

Once the LPA has been made, and signed by the donor, attorney and certificate provider it will need to be registered with the Office of the Public Guardian before it can be used.

Once registration has taken place a property and finances LPA can be used straight away if the donor is happy with that, but a health and welfare LPA can only be used if and when the donor loses capacity.

If someone has already lost capacity and if they had not previously made an LPA then if it is necessary for someone to deal with their property and finances an application would need to be made to the Court of Protection for a property and finances deputyship.