The Lasting Power of Attorney is a legal document governed by the Mental Capacity Act 2005 that allows a person to appoint a family member or close friend i.e. someone they trust, to act on their behalf if they lose mental capacity.There are two types of Lasting Power of Attorney.
The first is called Lasting Power of Attorney Property and Affairs – this allows the donor (person giving the power to allow the attorney (person receiving the power) to deal with all property and financial affairs including allowing the attorney to have access to the donors bank accounts and to make decisions about selling the house.The second is called Lasting Power of Attorney Health and Welfare – this allows the donor to allow the attorney to deal with all health and welfare issues including where he lives, what medical treatment to allow including any life sustaining treatment.The Lasting Power of Attorney is a legal document and has to be done while the donor is in a fit state of mind (compos mentis). Once the donor has lost capacity it is too late and therefore it is important to have this document in place while being in a sound mind.The attorney can only act on the donor’s behalf once the Lasting Power of Attorney has been registered with the Court of Protection and they must always act in the best interest of the person giving the power.If you appoint more than one attorney you must state whether they can act on their own or jointly.
You can also appoint substitute attorneys and place restrictions in your Lasting Power of Attorney so your attorney will be unable, for example, to sell your house.