Help & Information
LPA Made Simple provides general help and advice for all the roles included in the LPA and it’s future use.
Contact UsAs The Donor
This is your document and no one elses. You select all the various parties to the document, obviously with their commitment and agreement. If you have a spouse or partner you should both have LPAs.
It is normal to appoint each other, if you are fit and healthy, as a primary attorney along with children, if they meet the criteria, as either primary attorneys or as replacement attorneys, should they be needed. Attorneys must be 18 or over.
Not all children need be appointed, particularly if you do not consider them mature enough or trustworthy, or live far enough away for it to be practical for them to help you on a regular basis. You can select close friends that you trust, if you prefer, instead of your children or alongside your children; it is your decision.
Single people are more vulnerable to the system should they become unable to make certain decisions.
Often they have a more restricted choice for the various roles, particularly that of Attorney. LPA Made Simple has a lot of experience in advising in these circumstances.
All Donors should take heed of the Code of Practice under which Banks and Building Societies generally operate. If they discover that an account holder has lost the capacity to make certain decisions they can and very often do freeze the account. This applies to joint accounts as well as single accounts. They will allow the account to be operated by an Attorney of a registered LPA, including spouses and partners, or someone appointed as a Deputy.
There has been a growing evidence of this happening over the last few years.
As The Attorney
All Attorneys must always act in the best interests of the Donor. The Mental Capacity Act 2005 has a Code of Practice which must be adhered to at all times. It is 301 pages long. LPA Made Simple provides a summary to assist Attorneys.
Attorneys can claim reasonable expenses for telephone calls, postage, transport costs etc.
Listed below are some of the actions that Attorneys can undertake. There are many more – these are a few common examples.
Property & Financial Affairs
- Pay all household bills.
- Manage bank/building society accounts.
- Making gifts on your behalf.
- Claiming and receiving all pensions, benefits.
- Buying/selling assets such as property.
Health & Welfare
- Deciding on the best accommodation and care.
- Consenting or refusing to medical treatment (sometimes dependent on what an Advanced Directive already in place might say).
- Assurance that your attorneys will be fully informed by the medical profession on all health issues.
- Arranging work, training and holidays.
People to be Told
To protect the Donor you are able to nominate people who must be told when the LPA is being registered. This is normally one or two people but can be up to five people. We prepare forms for this purpose on your behalf.
These named persons have a statutory period in which they can object to the registration before it takes place.
In the case of the Donor registering the LPA in advance of it being needed (strongly advised) this role is somewhat unnecessary but still must be fulfilled.
In the case of Attorney(s) applying to register the LPA this can be a very important role as it ensures that Attorneys are undertaking the registration for the right reasons.
LPA Made Simple advise the Donor on the best course of action depending upon the circumstances of each individual.
Want us to explain anything specific to you or need more information? Contact us now »
As a Certificate Provider
A certificate provider is an independent person who is able to confirm that the Donor understands the significance of the LPA. This includes confirming that the Donor has capacity and that there is no undue pressure being place upon the Donor to create and register the LPA.
LPA Made Simple advisors usually fulfil this role for the Donor, having been trained on The Mental Capacity Act 2005 and its implications to all parties.
As a Witness
Donors and Attorneys must have their signatures witnessed by an independent person.
LPA Made Simple advisors can undertake this role in most cases. If an Attorney is unable to be present at this stage LPA Made Simple have a proven process for ensuring the Attorney in question sign the document and it is correctly witnessed.