If you have been appointed as an attorney within a Lasting Power of Attorney, you have been entrusted with a position of responsibility. An attorney will step in and manage another person’s interests in the event that they are unable to manage themselves. This may be on a permanent or temporary basis. It may be that the person who has made the LPA is travelling overseas for a period of time and needs someone they trust to manage particular matters. Or, it could be that the person who made the LPA has now lost mental capacity due to injury, illness or old age.
It's important to note that there are two types of Lasting Power of Attorney – Property & Affairs and Health & Welfare. Each LPA type requires slightly different responsibilities from the attorney(s) appointed;
Property and Financial affairs LPA
An attorney acting under this type of LPA would generally be responsible for dealing with financial matters such as
•Managing bank accounts and investments
•Paying bills
•Claiming benefits
•Arranging home repairs and maintenance
•Buying items on behalf the person who made the LPA
Health and Welfare LPA
This type of LPA can only come into effect when the person who made the LPA has lost mental capacity. As a guide, the attorney can expect to oversee and deal with aspects such as;
•Where the donor will live
•How their daily routine is structured
•What personal care they will receive
•What medical treatment they will have
•Refusal or consent to life sustaining treatment.
An attorney must always act in the best interests of the person making the LPA and cannot profit from their role. There are strict rules that the attorney must abide by to ensure they cannot abuse their powers.
If you’d like any further guidance or advice regarding Lasting Powers of Attorney, please get in touch.