By creating an LPA you are creating a document designed to allow someone else whom you have appointed (your Attorney(s)) to make decisions on your behalf when you are unable to make them because you lack the mental capacity to do so.  If you are unable to take decisions yourself then you may feel more comfortable knowing that the necessary decisions are being made by someone in whom you have placed your trust.  A Property and Affairs LPA can also be used while you are mentally incapable (see below).

What decisions can my Attorney(s) make?

An Attorney appointed under a Property and Affairs LPA can make any decision that you could make concerning your property and financial affairs.  This includes authority to take money out of your bank account, to close your bank account and the authority to sell any property you may own.

When can my Attorney(s) make decisions for me?

You can choose to specify when your Attorney(s) can take decisions for you.  This can either be immediately on the completion of the LPA, or in the future if you lose mental capacity.  We would recommend that you do not include a restriction as to when the LPA can be used because otherwise you risk an unforeseen problem arising when your Attorney(s) need to use the LPA but are unable to do so because of the restriction.  Situations where you might wish to use an LPA other than when you lose mental capacity include:

·        If you lose physical capacity as the result of an accident, or any other reason; and

·        If you are out of the country for a substantial period of time.

If you specify that the LPA is only to become effective if you lose mental capacity, your Attorney(s) can only take decisions on your behalf if you lack the capacity to make the decision yourself.  This may mean that you can make some simple decisions but not important or complicated decisions.  Your Attorney(s) are then duty bound to help you make as many decisions as possible and it is only where you are unable to make a decision because you lack the mental capacity to do so, that Attorney(s) can make a decision on your behalf.  Your Attorney(s) may not take a decision on your behalf if you have the mental capacity to make it yourself.

How many Attorneys can I appoint and whom should I appoint?

You may appoint up to four Attorneys to act on your behalf.  It is possible to appoint separate Attorney(s) so that each may make decisions on different aspects of your financial affairs on their own or together.  If you wish to do so, this must be specified within the LPA (see further below).

Can I appoint replacement Attorneys?

It is also possible to appoint replacement Attorneys who only become your Attorney(s) if one of your primary Attorneys is unable to act.  You can specify which one of your primary Attorneys a replacement Attorney will replace.

Whom should I appoint as my Attorney(s)?

We cannot tell you whom to appoint; this is a highly personal issue.  However, you must only appoint someone you trust implicitly.  You are giving your Attorney(s) effectively the power to do everything relating to your property and financial affairs which you are capable of doing, other than making a will, and it is only suitable that you put such decisions in the hands of someone you can rely on always to act in your best interests.

Do my Attorney(s) have to take decisions together?

You can decide whether you wish your Attorneys to make decisions together ie. they must both agree to every decision and sign all documents, or whether you would like them to be able to act on your behalf without needing the consent of their fellow Attorney(s) (“Together and Independently”).  If there are some decisions you would like taken together and others that you feel can be taken separately, it is possible to specify this on the LPA.

How do my Attorneys make decisions?

Your Attorney(s) are duty bound to act in your best interests.  They would be breaking the law if they did not act in your best interests and if the Office of the Public Guardian was informed, the matter would be investigated, and if necessary, the Office of the Public Guardian would take action.  We would recommend that you only appoint people whom you are sure would always act in your best interests. 

Can I place restrictions on my Attorney(s) or leave them guidance?

You may restrict the decisions which your Attorney(s) are capable of making in any way you wish.  This will need to be specified in the LPA.  However, unless you are absolutely certain about the need for a restriction, it is preferable not to include it as it may create a problem in the future.

It is possible to include guidance which you would like your Attorney(s) to take into consideration when making decisions for you.  It is important to bear in mind that this guidance is not legally binding but simply serves to indicate to your Attorney(s) your preferences.  Legally, there is nothing to stop your Attorney(s) acting against your guidance as long as it is in your best interests.

When should my LPA be registered?

A Property and Affairs LPA cannot be used until it has been registered.  The LPA can either be registered on completion of the document, or it can be kept safe until you feel that you might need to use it, and then registered at that time.  There is a charge made by the Office of the Public Guardian for registration.  It should be borne in mind that registration is likely to take six weeks.

You will need to specify a number of people (up to five) to be contacted when the LPA is registered.  These cannot be your Attorney(s), but should be people who would be able to raise any legitimate concerns regarding the registration of your LPA.

What is a Certificate Provider?

A Certificate Provider is someone who must sign to say that you understand the implications of completing the LPA and that they do not believe that you are acting under any undue influence ie. no-one is persuading you to do this against your will.  It is essential to have a Certificate Provider, but they cannot be:

·        a member of your family

·        an Attorney appointed by you in this form or in another LPA or in an Enduring Power of Attorney
     made by you;

·        your business partner, or paid employee of either yourself or your Attorney;

·        the owner, director, manager, or an employee of a care home in which you live or a member of such
     an employee’s family.

They can be either:

1.    Someone not on the above list who has known you for the last two years; or

2.    Someone with the relevant professional skills and expertise who may be:

        a) a registered healthcare professional

        b) a barrister, solicitor or advocate;

        c) a registered social worker;

        d) an Independent Mental Capacity Advocate; or

        e) someone not listed here but who has the necessary relevant professional skills and expertise

What information do I need in order for Marshall & Galpin to prepare a Property and Affairs LPA for me?

1.     Your Full Name (including any previous names eg. maiden names), title, address, date of birth,
        telephone number, mobile number and email address.

2.     Who your Attorney(s) will be, including any Replacement Attorneys you may wish to appoint.  We
        will need their full name, address, date of birth, mobile number, telephone number and email
        address.  If you wish to appoint a Replacement Attorney, please let us know whom they are to
        replace.

3.     Whether your Attorneys are to be appointed “Together” or “Together and Independently”.

4.     What restrictions or guidance you wish to include in the LPA.

5.     Who your Certificate Provider will be, and their details ie. title, name, address, email address,
        telephone number and mobile number.  Please let us know whether you will be using a professional
        or someone who knows you.  If you are using a professional, please let us know their qualification. 

6.     Who you wish to notify on registration of your LPA.  We need their full names, titles, addresses,
        telephone numbers and email addresses.