Lasting Power of Attorney allows a person to make decisions on behalf of a person who lacks mental capacity. Mental capacity is the ability to make and communicate decisions. When making a Lasting Power of Attorney, the person who gives permission for someone to make decisions on their behalf is called a donor. The person who makes decisions on a person’s behalf is called an attorney. There are two types of Lasting Power of Attorney: Property and Financial Affairs (covering financial and property decisions) and Health and Welfare (covering decisions about health and care). To be valid, a Lasting Power of Attorney must be registered with the Office for Public Guardian.  You will also need a certificate provider to register a Lasting Power of Attorney.  This is someone who can confirm that the person making the Lasting Power of Attorney knows what they are doing and is not being pressured or coerced. There is a fee to register a Lasting Power of Attorney although there are reductions or exemptions under certain circumstances.  Remember, once a person loses mental capacity they can no longer grant a Lasting Power of Attorney. In this instance, the Office of Public Guardian can appoint someone called a Deputy to make decisions on their behalf.

This is just a summary of some of the points to consider when making a Lasting Power of Attorney, for more information visit power of attorney or Office of the Public Guardian.  (insert links for these).  You do not have to appoint a solicitor but as in all legal matters professional advice is advisable and can give you piece of mind.