Can family members challenge an LPA?
In certain circumstances, concerns about an attorney's conduct or the validity of an LPA may be investigated through the appropriate legal process.
How long does registration take?
Registration times vary, but the Office of the Public Guardian usually takes several weeks to process an application.
What happens if I lose capacity without an LPA?
Your family may need to apply to the Court of Protection for authority to make decisions on your behalf.
Can an LPA be changed or cancelled?
Yes, provided you still have mental capacity, you may amend or revoke your LPA.
When does an LPA become effective?
An LPA must first be registered with the Office of the Public Guardian. The Property and Financial Affairs LPA may then be used with your permission while you still have capacity, whereas the Health and Welfare LPA only becomes effective if you lose capacity.
Can I appoint more than one attorney?
Yes. You can appoint multiple attorneys and decide whether they act jointly or independently.
Who should I appoint as my attorney?
Choose someone you trust completely to act in your best interests and carry out your wishes responsibly.
Can I create an LPA myself?
Yes, but mistakes can delay registration or make the document invalid. Professional advice helps ensure everything is completed correctly.
Do I need both types of LPA?
Not always, but having both provides the widest level of protection should you lose mental capacity.
What is the difference between the two types of LPA?
One covers Property and Financial Affairs, while the other covers Health and Welfare decisions. Many people choose to prepare both.