Power of attorney

At Highfield surgery, we believe in empowering our patients to make informed decisions about their future. One crucial way to do this is by understanding Lasting Power of Attorney (LPA).

What is a Lasting Power of Attorney (LPA)?

An LPA is a legal document that allows you (the ‘donor’) to choose one or more people (your ‘attorneys’) to make decisions on your behalf if you ever lose the mental capacity to make them yourself, or if you simply want help managing your affairs. It’s about ensuring your wishes are respected and your interests are protected.

There are two main types of LPA in the UK:

Property and Financial Affairs LPA: Covers decisions about your money, property, investments, and bills.
Health and Welfare LPA: Covers decisions about your daily routine, medical care, where you live, and life-sustaining treatment.

What it Means for Patients (the ‘Donor’)

Peace of Mind: You decide who will make important decisions for you if you can no longer do so, rather than leaving it to chance or the courts.
Your Wishes Respected: You can specify your preferences and wishes regarding your care, medical treatment, and financial management, ensuring they are followed.
Control: It gives you control over your future, even when you might be at your most vulnerable.

What it Means for Those Applying for it (as an ‘Attorney’)

If you are chosen to be an attorney, it’s a significant role with important responsibilities:

Significant Responsibility: You must act in the donor’s best interests and follow the instructions and preferences outlined in the LPA.
Legal Duties: Attorneys have legal duties, including keeping accounts (for financial LPAs) and making decisions that genuinely benefit the donor.
Support & Guidance: You’ll be the one to manage finances or make health decisions when the donor cannot, providing crucial support to your loved one.

When Does a Lasting Power of Attorney Come Into Force?

An LPA does not automatically come into force when signed. It must first be registered with the Office of the Public Guardian (OPG) to be legally valid.

Property and Financial Affairs LPA: Can be used as soon as it’s registered (with your permission) or when you lose mental capacity.
Health and Welfare LPA: Can only be used when you have lost the mental capacity to make those specific decisions yourself.

Important Note: It’s vital to create and register an LPA while you still have mental capacity. You cannot set one up once capacity has been lost.

Need More Information?

While Highfield surgery cannot provide legal advice, we strongly encourage patients to consider an LPA as part of their future planning. For detailed information and guidance, we recommend visiting the official Gov.uk website or consulting with a legal professional.

Make, register or end a lasting power of attorney: Overview – GOV.UK