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It allows you to choose someone now, (the Attorney) that you trust to make decisions on your behalf about things such as your property and financial affairs or health welfare at a time in the future when you no longer wish to make those decisions or you may lack the mental capacity to make those decisions yourself.There are two types of LPA; These health and welfare decisions can only be taken by somebody else when you lack the capacity to make them for yourself, for example if you are unconscious or because of the onset of a condition such as dementia.The new rules aim to create a more comprehensive regime for looking after the overall affairs of an individual.But there is concern that they will also add another layer of complexity. much greater expense at the outset because of the requirement to register the LPA with the Public Guardianship Office before it can be used.An EPA is "like an insurance policy, where you hope it never happens", says Anne Lewis, partner at solicitors Cripps Harries Hall.But, she adds, it can make things far simpler than having to go through the Court of Protection.
A named person is someone chosen by the Donor to be notified when an application is made to register their LPA.They have the right to object to the registration of the LPA if they have concerns about the registration. Selecting people to notify of an application to register is one of the key safeguards to protect you if you make an LPA is the person the Donor must select to complete a Part B Certificate in the LPA form.The certificate provider must confirm that the Donor understands the LPA and that the Donor is not under any pressure to make it.For example you may have an existing EPA that makes provision for decisions about your property and affairs, and decide to make a Personal Welfare LPA to run alongside that, to provide for decisions concerning your healthcare and welfare.An LPA is a legal document that you (the Donor) make using a special form.
But at some point in the future, illness, disability or mental impairment may stop you from handling even a bank account.