Personal Welfare LPA

 

Personal Welfare Lasting Power of Attorney

personal welfare lasting power of attorneyA Personal Welfare Lasting Power of Attorney allows an individual to appoint a legally authorised person or persons (attorneys)to make decisions with regard to their personal welfare, including whether to give or refuse consent to medical treatment, should they become incapable of doing so themselves at some point in the future.

It must be made while the donor is of sound mind and can relate to any decisions about the donor's healthcare and welfare, or can be limited to specific decisions. The attorney(s) are legally obliged to only make decisions that are in the donor's best interests.

A Personal Welfare Lasting Power of Attorney cannot be used until it has been registered with the Office of the Public Guardian.

It can be registered at any time after it has been made.

You can choose as many Attorneys as you wish. A Personal Welfare Attorney does not have the power to make decisions with regard to the donor's property and financial affairs unless the Attorney is also appointed as a Property and Affairs Attorney.

The Personal Welfare Lasting Power of Attorney document should incorporate a certificate which must be signed by an independent person chosen by the donor who must confirm that, in his/her opinion, the donor is making the Lasting Power of Attorney of their own free will and that the donor understands its purpose and the powers they are giving to the Attorney(s).

A Lasting Power of Attorney may be revoked using a Deed of Revocation at any time, either before or after registration, while the donor still has mental capacity. It is necessary to inform the Attorney(s) of the revocation as the Attorneys' authority does not cease until they receive notice of the revocation. A copy of the Deed of Revocation should be sent to each Attorney. If the Power of Attorney has been registered then a copy should also be sent to the Office of the Public Guardian, stating that the Attorney(s) have been notified.

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