When Can a Lasting Power of Attorney Be Used?

You may know that it’s vital to set up a Lasting Power of Attorney and that many solicitors recommend it as a priority document before a will. However, do you know when you can actually use an LPA and in which circumstances? Let’s take a look:

Using an LPA

So you set up your power of attorney online, either directly or with third-party help via //powerofattorneyonline.co.uk, and have your arrangements in place with your attorney/s appointed and everyone briefed. But what circumstances can trigger the LPA to go live?

Knowing Which Type of LPA You Have

The answer is that it depends on the type of LPA that is in place. If you have a registered property and financial affairs lasting power of attorney in place, it can be used when you, as the donor, still have mental capacity. This is unless a specification is in place that removes this right. It can be useful for older people, for example, who want a trusted family member to visit the bank on their behalf.

However, a health and welfare LPA is only triggered when the donor lacks capacity to make decisions about their personal welfare or health. Until that point, the attorney cannot act. A doctor will need to certify that you are no longer able to make those decisions.

Many people have both types of LPA in place, but most people don’t realise that these important distinctions are in place. They exist for good reasons: to safeguard the donor and ensure that no form of financial abuse takes place.