Lasting Powers of Attorney
Unlike EPAs, LPAs can extend beyond dealing with a person's financial affairs to also cover personal welfare. The Donor can stipulate whether it should apply to financial affairs, personal welfare or both and whether subject to restrictions or completely unfettered.
Dealing with financial matters does not extend to making gifts (other than those usually made by the donor) or signing the donor's will. Welfare extends to deciding on issues such as where the Donor will live, their care and medical treatment. The Attorney may also give or refuse consent to the carrying out or continuation of medical treatment. Importantly, the Attorney cannot refuse life-sustaining treatment unless the LPA expressly says so.
As with EPAs, the Donor can appoint one or more attorney. The LPA should specify whether, if there is more than one attorney, the Attorneys must act together or can act separately.
The LPA should be registered with the court immediately regardless of the Donor's mental capacity. In order for the document to be registered, it will need to be accompanied by a certificate confirming that the Donor understands the effect of the LPA and it has been willingly signed.
Once registered, the Attorney has the authority to act in accordance with the terms of the LPA. As with EPAs, third parties will need to see a copy of the document before they will accept an Attorney's instructions.
A Donor can revoke their LPA at any time provided they have the mental capacity to do so.
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