Power of Attorney Online
It’s easy to get a power of attorney (POA) document from the comfort of your own home. Affordable prices for everyone at only £99 per document.
Our mission is to make applying for power of attorney accessible to everyone.That’s why we’re thrilled to offer this unbeatable price of only £99 per power of attorney (POA) document.
No hidden fees, no complicated processes – just a seamless and budget-friendly solution for all!
How to get your Lasting Power of Attorney
Enter personal details
Enter the details of the people who should appear on the Lasting Powers of Attorney documents (LPAs).
These details include the name, address and date of birth of any attorneys you want to nominate when applying for Lasting Powers of Attorney (LPAs).
Expert review
Once our experts have checked your LPA documents, they will be posted immediately.
If you’d like help at any stage when applying for your lasting power of attorney online – call 0800 888 6508
Sign and date
The lasting power of attorney documents are clearly labelled indicating exactly where to sign.
Simply sign the lasting POA documents and date following our clear instruction guide, then they are ready for registration.
Post to register
Post your LPA online application document using the envelope provided.
Once registered, your legal power of attorney document will be sent back to you ready to use.
If you would prefer to speak to someone to get your Power of Attorney in place Get in touch
Our team are just one call away to answer your questions.
Available from 8am – 5.30pm Monday to Friday
Lasting Power of Attorney explained
What is a Lasting Power of Attorney?
A lasting power of attorney (LPA) is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf.
This gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions (you ‘lack mental capacity’).
Health & Welfare LPA
A Health and Welfare LPA gives an attorney the power to make decisions about things like:
-
your daily routine, for example washing, dressing, eating
-
medical care
-
moving into a care home
-
life-sustaining treatment
It can only be used when you’re unable to make your own decisions.
Property & Finance LPA
A Property and Finance LPA gives an attorney the power to make decisions about money and property for you, for example:
-
managing a bank or building society account
-
paying bills
-
collecting benefits or a pension
-
selling your home
It can be used as soon as it’s registered, with your permission.
Signing your Lasting Power of Attorney
Signing and dating is easy, simply follow the provided instructions to correctly sign your documents. Once done, you are ready for registration.
Zenco Legal clearly label the documents so that when you receive them, you can be 100% sure you are signing in the correct place.
Registering your documents
The Office of the Public Guardian charge a registration fee that ranges from £0 to £82 for each Lasting Powers of Attorney.
This is not included in our cost.
Our service tells you how much your registration fees are.
The registration fees are paid directly to the OPG after the start of the registration process. You can select whether you pay this fee by card or cheque. if you select to pay by card the OPG will contact you directly for a payment further down the line.
Once the documents are completed there is no deadline to send them for registration. However, the documents do not become legally binding until they are registered.
Why do people use Zenco?
Affordable
Here at Zenco, we take pride in providing services that are genuinely affordable without compromising on quality.
Our commitment to affordability ensures that everyone can protect their best interests without breaking the bank.
Accessible
We believe in accessibility for all. That’s why our service is designed to be easily accessible to everyone, both physically and digitally.
We offer an intuitive online platform for those who prefer to use a service from the comfort of their homes.
Moreover, our customer support team is always available to assist with any queries, making the experience smooth and hassle-free for everyone.
Amazing
We strive to provide an amazing experience to each and every one of our valued customers. From the moment you visit our website, our commitment to excellence shines through.
Our amazing team of dedicated professionals works tirelessly to deliver services that go above and beyond expectations.
We continuously innovate and improve so that you can look after the things that matter with ease.
Legal Services Made Affordable
Compare Our Prices
Best Price Guaranteed : – If you find it cheaper at a solicitors we’ll refund you the difference.
Unable to find a prices for solicitor in this postcode
Our Competitors Charge
Local Solicitors
Single LPA
Pair of LPA’s
Need help? Don’t worry
If you get stuck at any point our team are just one call away to answer your questions.
Available from 8am – 5.30pm Monday to Friday
Products
- Power of attorney
- Wills
- Trusts
- Over 50s Life Insurance
Power of attorney information
A power of attorney allows you to grant someone you trust the legal authority to make decisions for you, either if you become unable to make them yourself or if you choose not to.
Power of Attorney Online
It’s easy to get a power of attorney (POA) document from the comfort of your own home. Affordable prices for everyone at only £99 per document.
Our mission is to make applying for power of attorney accessible to everyone. That’s why we’re thrilled to offer this unbeatable price of only £99 per power of attorney (POA) document.
No hidden fees, no complicated processes – just a seamless and budget-friendly solution for all!
How to Get Your Lasting Power of Attorney
Enter Personal Details
Enter the details of the people who should appear on the Lasting Powers of Attorney documents (LPAs).
These details include the name, address and date of birth of any attorneys you want to nominate when applying for Lasting Powers of Attorney (LPAs).
Receive An Expert Review
Once our experts have checked your LPA documents, they will be posted immediately.
If you’d like help at any stage when applying for your lasting power of attorney online – call 0800 888 6508
Sign and Date
The lasting power of attorney documents are clearly labelled indicating exactly where to sign.
Simply sign the lasting POA documents and date following our clear instruction guide, then they are ready for registration.
Post to Register
Post your LPA online application document using the envelope provided.
Once registered, your legal power of attorney document will be sent back to you ready to use.
Registering an LPA
All Lasting Powers of Attorney documents (LPAs) must be registered with the Office of the Public Guardian (OPG). Before registering an LPA, the OPG:
- Verifies that the LPA is legally valid
- Ensures there are no errors in the document
- Provides an opportunity for individuals to raise any objections if they have concerns about the LPA
The registration process can take up to 16 weeks, provided there are no mistakes in the application and no objections are raised.
Lasting Power of Attorney Explained
What is a Lasting Power of Attorney?
A lasting power of attorney (LPA) is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf.
A lasting power of attorney gives your attorneys control over what happens to you if you have an accident or an illness and cannot make your own decisions (you ‘lack mental capacity’). Thus, an LPA provides you with everlasting power of attorney.
Donor
The donor is the individual who creates the LPA grants authority to one or more attorneys to make decisions on their behalf. The donor is usually the person who needs or would like to have assistance, with managing their property, finances, or health and welfare, either now or in the future.
Attorneys
The donor appoints attorneys to make decisions on their behalf, either regarding property and financial affairs, or health and welfare, depending on the type of LPA.
Who can be an attorney
- Anyone the donor trusts to act in their best interests
- Anyone over 18 years old with mental capacity.
- Must not be an undischarged bankrupt (unless the donor gives specific permission).
What is Mental Capacity?
Mental capacity refers to an individual’s ability to make decisions for themselves. It involves understanding relevant information, being able to process that information, and then making a decision based on it. This concept is important when making an LPA.
Key Elements of Mental Capacity:
- Understanding Information:The person must be able to understand the relevant facts about the decision, including the potential risks, benefits, and consequences.
- Retaining Information:The person must be able to retain that information long enough to make a decision. For example, remembering a doctor’s advice when making medical choices.
- Weighing Information: The person must be able to weigh the information and consider the consequences of the decision, understanding the pros and cons.
- Communicating a Decision:The person must be able to communicate their decision, either verbally, in writing, or through other means.
When is Mental Capacity in Question?
Mental capacity can be affected by various factors, including:
- Age-related conditions (e.g., dementia, Alzheimer’s disease)
- Brain injuries (e.g., from an accident or stroke)
- Mental health conditions (e.g., depression, schizophrenia)
- Temporary conditions (e.g., intoxication, unconsciousness)
- Learning disabilities
A person might lack mental capacity in specific situations but still have it in others. For example, someone with dementia may still have the capacity to make some decisions (like choosing their clothes), but not others (like managing finances).
Legal Implications of Mental Capacity
In legal settings, mental capacity is crucial for determining whether someone can make decisions about:
- Health and medical care: Whether they can give consent for medical treatment.
- Property and financial affairs: Whether they can manage their own finances or make contracts.
- Wills and estates: Whether they can create or change a will, as this requires understanding their assets and the people they want to benefit from them.
In situations where someone lacks mental capacity, a Power of Attorney or Court-appointed guardian may be appointed to make decisions on their behalf. This is why establishing and assessing mental capacity is important for protecting individuals’ rights and ensuring their wishes are respected.
For more information visit https://www.gov.uk/make-decisions-for-someone
Different Types of Power of Attorney
There are two main types of Lasting Power of Attorney (LPA);Health & Welfare Power of Attorney and Property & Finance Power of Attorney. Each focuses on a specific area of life (healthcare vs. financial matters). These LPAs grant a trusted attorney the authority to handle the donor’s affairs and decision-making whilst the donor is unable to make decisions themselves..
There is also a third type of Power of Attorney called a General Power of Attorney (GPA) (sometimes referred to as an ‘ordinary power of attorney’). This type is typically used for short-term or temporary delegations of financial or legal authority, while the donor is still mentally capable of making decisions.
General Power of Attorney (GPA)
A General Power of Attorney allows you to appoint a trusted person to handle general financial tasks or business matters on your behalf in situations when the donor is:
- Travelling abroad
- Recovering from illness
- Being unavailable or focused on other tasks
- Needing assistance with financial matters, such as paying bills, managing investments, signing contracts, or handling business affairs
Note: We apply a 6 month validation period for all GPAs to protect the donor.
When Does a GPA Become Invalid?
A GPA can become invalid in the following situations:
- If the document is securely destroyed
- If the document is damaged
- If the donor loses mental capacity or passes away
- If the appointed attorney loses mental capacity or passes away
Health & Welfare LPA
A Health and Welfare Lasting Power of Attorney (LPA) allows you to choose who you would like to make medical, care and welfare decisions on your behalf. A Health and Welfare LPA gives an attorney the power to make decisions about things like:
- Your daily routine (For example, washing, dressing, eating, etc.)
- Medical care
- Moving into a care home
- Life-sustaining treatment
This lasting power of attorney can only be used when you’re unable to make your own decisions.
Property & Finance LPA
A Property and Finance Lasting Power of Attorney (LPA) allows you to choose who you would like to manage any property that you own alongside your financial affairs on your behalf. A Property and Finance LPA gives an attorney the power to make decisions about money and property like:
- Managing a bank or building society account
- Paying bills
- Collecting benefits or a pension
- Selling your home
A property and finance lasting power of attorney can be used as soon as it’s registered, with your permission or, only on loss of mental capacity.
Signing Your Lasting Power of Attorney
Signing and dating your lasting power of attorney (LPA) forms is easy. Zenco Legal have drafted your wishes as you have expressed them onto the documents already, so all you need to do is simply follow the provided instructions to correctly sign your documents. Once done, you are ready to register a power of attorney.
Zenco Legal clearly labels the LPA documents, as well as providing a comprehensive guide so that when you receive them, you can be 100% sure you are signing in the correct place.
Registering Your Documents
The Office of the Public Guardian charges a registration fee that ranges from £0 to £82 for each Lasting Powers of Attorney (LPA). This fee is dependent on the donors income and we can help you identify what this may be for you.
This government fee is not included in our cost.
The registration fees for your LPA online application are paid directly to the OPG after the start of the registration process. You can select whether you pay this fee by card or cheque. If you select to pay by card, the OPG will contact you directly for a payment further down the line.
Once the lasting power of attorney documents are completed, there is no deadline to send them for registration. However, the documents do not become legally binding until they are registered.
Before you start
The donor needs to decide who they want to appoint as attorneys and how those attorneys should make decisions together. The donor should also consider whether to name replacement attorneys and specify when they should step in. AdditionallyBefore creating the Lasting Power of Attorney (LPA), the donor should have a clear understanding of how they want it to function and discuss their wishes with those they want to involve. , the donor may choose to include instructions or preferences to guide the attorneys’ decisions. Zenco Legal are here to offer advice, and answer any questions you may have about these things – our services exist to help guide you through this process, stress free.
Note: While discussing the POA with attorneys is not a requirement whilst drafting them, once the documents are prepared, each attorney will be required to sign them prior to registration.
Required information to make an LPA
Before you begin, it can be helpful to gather some essential information. You will need the full names, addresses, and dates of birth for the donor, all appointed attorneys, and any replacement attorneys, if the donor chooses to name them. Additionally, you may need the name and address of the certificate provider and any individuals the donor wishes to notify about the LPA, if applicable. Having this information ready will make the process smoother.
Certificate provider
An LPA requires someone whose role is called the certificate provider. The certificate provider is an independent individual who ensures the donor’s interests are protected by confirming that they understand the LPA and are making it voluntarily.
The certificate provider’s role involves having a private discussion with the donor, free from the presence of attorneys or anyone else involved. During this conversation, the certificate provider must verify that the donor:
- understands the importance of the LPA
- does not lack mental capacity
- is not being coerced into creating the LPA and there is no fraud or undue influence in the process
If there are no other concerns about the validity of the LPA, the certificate provider can sign the LPA to verify.
Who can act as a certificate provider
The certificate provider must be at least 18 years old and have mental capacity. They can either be someone who has known the donor personally for at least two years, such as a friend or neighbour (but not a relative), or a professional with relevant skills, such as the donor’s GP or solicitor.
If the certificate provider is someone who has known the donor for at least two years, they could be a friend, neighbour, work colleague, or someone the donor knows from a social or sports club. The important thing is that the certificate provider must know the donor well enough to have a candid conversation about the LPA and the authority the donor is giving to their attorneys. They must be more than just an acquaintance.
Professionals who can act as certificate providers typically include registered healthcare professionals, such as the donor’s GP, as well as solicitors, barristers, registered social workers, and independent mental capacity advocates (IMCAs).
Note: if a professional is selected as the certificate provider, they may charge a fee for their service.
The certificate provider cannot be:
- the donor
- an attorney or replacement attorney for this LPA, nor for any other LPA or enduring power of attorney the donor has put in place.
- donor’s or any of the attorney’s family members including in-laws, step-relations and unmarried partners, boyfriends, girlfriends.
- donor’s or any of the attorney’s business partners, employees
- anyone who runs or works at the care home where the donor lives, or a member of their family.
- anyone who runs or works for a trust corporation appointed as an attorney in this LPA.
- anyone who the Court of Protection considers to be insufficiently independent.
People to notify
When the donor applies to register the LPA they can choose to notify people about it. The donor can notify up to 5 people, who are usually family members or close friends.
Note: People to notify can’t be the donor’s attorneys or replacement attorneys.
Why notify people?
Notifying people about the LPA gives them the opportunity to raise any concerns or objections before it is registered. This helps ensure the process is transparent and that no one is being pressured or coerced into the arrangement.
How to notify people?
Once the donor signs the LPA documents and sends them to the Office of the Public Guardian (OPG), the OPG will send each person listed as a “people to notify” an LP3 form. This form will explain why and how they can object to the LPA being registered. They will have three weeks from the date of notification to raise any concerns about the LPA.
Reasons to object to the LPA
People can object to an LPA on ‘factual’ or ‘prescribed’ grounds.
Factual grounds include the death of the donor or an attorney; an attorney losing mental capacity, or if the donor or an attorney is bankrupt.
Prescribed grounds involve fraud or undue pressure on the donor to make the LPA; the attorney acting not in the donor’s best interest.
Preferences and instructions
The donor has the option to provide instructions and preferences to guide the attorneys in their decision-making. While leaving instructions is not required, it becomes particularly important if the donor appoints their attorneys to act jointly. In such cases, if one attorney is unable to act, the donor may want to specify that the remaining attorney can still make decisions on behalf of both.
How does it work?
When attorneys need to make a decision on the donor’s behalf, they must present the registered LPA to organisations like banks or care homes. These organisations will review the LPA to check for any preferences or instructions the donor may have provided.
The difference between preferences and instructions
Preferences are general wishes or guidelines that the donor wants the attorneys to keep in mind when making decisions, but they are not legally binding. Preferences are written using words such as ‘prefer’ and ‘would like to’. Instructions, on the other hand, are specific, clear directives that the donor wants the attorneys to follow, and these are legally enforceable. The instructions are written using words such as ‘must’, ‘have to’ or ‘shall’.
Examples of preferences:
- Stating preferences regarding property and financial decisions (e.g., the donor prefers a certain investment strategy or wants the attorneys to consider specific factors when making decisions about the donor’s estate).
- Stating preferences regarding health and welfare decisions (e.g., the donor prefers to remain in their home until death or wants the attorneys to consult their family before making medical decisions).
Examples of instructions:
- Stating the order in which replacement attorneys will step in if the originals are unable to act.
- Deciding what happens to LPA if attorneys are unable or unwilling to act.
- Giving specific instructions regarding medical and welfare decisions (e.g., dietary requirements or the choice of care facility).
- Giving specific instructions regarding property and financial decisions (e.g., making regular payments for a particular purpose or specifying when the attorney can sell the donor’s house).
Why Should You Create a Lasting Power of Attorney
Ensuring Your Wishes Are Followed
One of the primary reasons to create a lasting power of attorney (LPA) is to ensure that your wishes are followed if you lose the capacity to make decisions. Without an LPA, there is no guarantee that your preferences regarding healthcare, finances, or personal welfare will be honoured.
By setting up an LPA, you can appoint someone, or multiple people you trust to make decisions on your behalf. This ensures that your desires are respected even when you can’t voice them yourself.
Avoiding Family Disputes
Family disputes often tend to arise when there is uncertainty about who should make decisions on behalf of a family member, if they become incapacitated. These disputes can cause significant stress and strain on relationships.
When you set up a power of attorney online, you can avoid such conflicts by clearly designating trusted people to manage your affairs. This clarity will help prevent misunderstandings and disagreements among your family members, providing peace of mind to you and your loved ones.
Managing Financial Affairs
A lasting power of attorney (LPA) is particularly important for managing financial affairs. If you become unable to handle your finances, your bills may go unpaid, investments may be neglected, and financial opportunities may be missed.
Making Healthcare Decisions
Healthcare decisions are often complex and sensitive. If you are unable to communicate your wishes due to illness or incapacity, having a lasting power of attorney in place allows your chosen attorney(s) to make healthcare decisions on your behalf.
This can include decisions about medical treatments, care facilities, and end-of-life care. Knowing that someone you trust is making these decisions can give you comfort during tough times and ensure that your healthcare preferences are respected.
Preparing for the Unexpected
Life is unpredictable, and unforeseen circumstances can arise at any time. Accidents, sudden illnesses, or the progression of chronic conditions can result in a loss of capacity.
When you apply for a lasting power of attorney (LPA), you are preparing for the unexpected and ensuring that you have a plan in place. This proactive step allows you to maintain control over your affairs and provides a safety net for you and your family in times of uncertainty.
Overall, setting up an LPA is an important part of planning for the future and safeguarding your well-being.
By appointing an attorney through a LPA, you can ensure that your financial matters are handled responsibly. Your attorney can manage your bank accounts, pay bills, make investments, and generally oversee your financial well-being, protecting your assets and financial interests.
Top Questions for Power of Attorney
Can I help make an application for a loved one?
Answer:
The simple answer is Yes. You can help make a power of attorney for a loved one, whether using our online service or our assisted service. It is imperative that the wishes of the donor are met. The certificate provider discusses this matter with the donor and signs to say that this is correct.
Does the cost for your service cover any registration fees that may apply?
Answer:
No. The registration fee is not included in the cost of our service.
How do I apply for a remission or exemption?
Answer:
A remission or exemption is where you’re able to make an LPA for half the price, or free of charge. You’re able to apply for a remission or exemption if you earn less than £12,000 per year or are on means-tested benefits. You’ll need to apply at the same time as sending in your LPA application.
Can anyone be an attorney?
Answer:
Yes as long as the person is over the age of 18 and able to understand the responsibility of becoming an attorney.
What does ‘Full mental capacity’ mean?
It means that the Donor can make their own decisions and that they can:
- Understand information given to them about a particular decision.
- Retain that information long enough to be able to make the decision.
- Weigh up the information on available to make the decision.
- Communicate their decisions.
What happens if the Donor loses capacity during the registration process?
If the Donor loses capacity during the registration process, as long as they had capacity when the document was signed (as verified by the Certificate Provider and Witness) then once registered, the document will still be valid.
Can the Certificate Provider also be a witness?
Yes, the Certificate Provider can also be a witness
What is the difference between a Certificate Provider and a Witness?
Can a Care Home Manager be my Certificate Provider?
No a Care Home Manager cannot be your CP, nor can anyone who is employed by the Donor or Attorneys, i.e. Private Carer, Gardener, Housekeeper etc.
How long does it take to register my documents?
This is out of our control, The Office of Public Guardian are a Government office. We understand that the timescales are approximately 20 weeks.
Can the registration process be fast tracked?
No, however you can contact the OPG via telephone to request this. They may ask you for proof of why you need the documents sooner, this may be in for form of a letter from the Hospital/Doctor. There is guarantee in this.
Do all Attorneys need to be in the same room when signing?
When does the OPG call the Donor to take payment?
There is no set timescale for this, but it is usually around 4 weeks after the OPG have received the paperwork, but this can vary.
Can I make changes to my Lasting Powers of Attorney documents once they have been registered?
This depends on the change you want to make – it if is changing information on existing Attorneys – such as address or name change (due to marriage) then yes, this can be done. However, you cannot change Attorneys, you will need to revoke the original document and start the process again.
Where are the documents stored?
The documents will stay with the Donor and Attorneys for the remainder of their life. Should you misplace or damage the certified copies of the LPA’s you can obtain new copies via the OPG for a small admin fee.
Can my Attorneys use the Financial LPA for financial gain?
No, the purpose of the LPA is for the Attorney to act in the Donors best interests and for aiding an individual to take care of their finances. You cannot use the LPA for your own financial gain.
What happens if the Donor passes away before the documents have been registered?
Lasting Power of Attorney is a lifetime document, therefore if someone passes away during the registration process, or at any stage, the documents are no longer valid. This is when a Will would come into effect.
Can I choose more than one person as my Attorney?
Yes, you can have up to 4 Attorney’s. They can act either; Jointly, Severally, or you can choose a ‘Replacement Attorney’ as a back up should one of your Attorneys be unwell or was to pre decease yourself.
Can a General Power of Attorney be used for the Donors Property & Financial affairs abroad?
No. We only have jurisdiction in England and Wales. Any property or financial affairs that the Donor may have overseas must be dealt with in that country.
Does a GPA also cover health & welfare decisions?
No this document is only for property & finance decisions only.
Can I help make an application for a loved one?
The simple answer is Yes. You can help make a power of attorney for a loved one, whether using our online service or our assisted service. Having a loved one assist with the process can make a big difference. The paperwork and legal steps can be overwhelming, but having someone by your side makes it easier to navigate. Rest assured, we’re always here to guide you every step of the way and ensure everything is handled smoothly.
Does the cost for your service cover any registration fees that may apply?
No. The registration fee is not included in the cost of our service.
How do I apply for a remission or exemption?
Can anyone be an attorney?
Yes as long as the person is over the age of 18 and able to understand the responsibility of becoming an attorney.
Can I use a digital version of my LPA?
Sometimes people or organisations like banks need to check that’s your documents are valid, so the government provide an ‘online version’ giving you and your attorneys access to a digital copy of the Lasting Power of Attorney via a secure access code. For example, to confirm that they’re acting on your behalf with a valid LPA, your attorney could use the digital version of your LPA with your bank or energy company.
This online service isn’t available for LPAs registered before 1 January 2016.
How do I make changes to my LPA?
You generally can’t make changes to your LPA after it’s been registered. It may be possible to remove one of your attorneys, but it’s important to seek advice from the Office of the Public Guardian before doing so, because removing an attorney may cause your LPA to end.
If you have mental capacity, you can also cancel (or ‘revoke’) your LPA.
Find out more about removing an attorney or ending an LPA on GOV.UK
How can my attorney be sure they're acting in my best interests?
our attorney must always make the decision that’s in your ‘best interests’. This means that they must:
- act in your best interests, not in their own or anyone else’s, and not take advantage to gain benefit for themselves or allow personal interests to conflict with their duties as your attorney
- do everything possible to enable you to express your preferences and participate in the decision-making process
- consider any of your beliefs and values that may influence the decision
- talk to other people, such as your family, carers or friends, who know about your feelings, beliefs and values and might be able to suggest what would be in your best interests
- respect your right to privacy at all times, recognising that it might not be appropriate to share information about you with people
- know about any exceptions, such as if you’ve made an advance decision to refuse medical treatment.
Your attorney must weigh up these factors in order to reach a balanced decision about what’s in your best interests.
What should I do if I'm having problems with my attorney?
If you’re having problems with your attorney, the first step is to try to resolve the issue directly with them, if possible. If that doesn’t work, you can contact the Office of the Public Guardian (OPG) for guidance or to make a complaint. In more serious cases, you may need to apply to the Court of Protection to remove or replace the attorney. It’s important to ensure your best interests are being properly considered.
How should my attorney make decisions?
Your attorney should make decisions based on your best interests, considering any preferences or instructions you’ve outlined in your Lasting Power of Attorney (LPA). They must take into account your values, beliefs, and any guidance you’ve provided, while acting with care, honesty, and transparency. If you’re unable to communicate, the attorney should make decisions in a way that you would likely have made if you were able to express yourself.
Can my doctor make decisions about life-sustaining treatment instead of my attorney?
If you choose not to give your attorneys authority to make decisions about life-sustaining treatment in your Health and Welfare LPA, your doctor will make these decisions on your behalf.
How multiple attorneys make decisions?
If you appoint multiple attorneys, you can specify whether they must make decisions jointly (together) or can make decisions separately. Joint decisions require all attorneys to agree, while separate decisions allow each attorney to act independently. You can also set rules for what happens if one attorney is unable to act.
Related articles for Power of Attorney
The Process of Activating a Health and Welfare LPA
Understanding the Different Types of Advance Directives
The Key Areas To Know About A Property and Finance LPA
What Your Power of Attorney Can and Can’t Do
7 Questions To Ask Yourself When Choosing An Attorney For Your LPA
How To Set Up a Power Of Attorney
by Nina Cidylo