Making a LPA

If you choose more than one Attorney

• If you have more than one attorney they can act together (never alone) or together and independently so that they can sometimes sign together and sometimes separately. This works well when the attorneys do not live near each other or if one were to retire or die then the other attorney could still act. If you appoint your attorneys together then the power will end if for example one dies, or looses mental capacity or decides he or she no longer wants to act.
• You can, if you require, set out which matters you want your attorneys to act in together and when they can act together or independently. This may, however, prove difficult to work in practice with some financial institutions.
• If you appoint your spouse or civil partner, dissolution of your marriage or civil partnership will end the appointment of your spouse/civil partner unless you have indicated otherwise.

Lasting Power of Attorney - Restrictions

If you do not replace any restrictions on your Lasting Power of Attorney, your attorney will be able to make decisions that you are able to make over your property and finances, if you are making a property and affairs power or over your health and welfare decisions if you are making a personal welfare power.

You may include legally binding restrictions or conditions on how your attorney should act for you. You do not need to include any and it is usually not advisable as it can prevent flexibility.

These could include preventing your attorney from making any gifts e.g. birthday presents, preventing your attorney from selling or dealing with your home, restricting where you live, restricting who you have contact with or who has contact with you.

Life sustaining treatment – you must choose in the personal welfare power whether you wish your attorney to be able to give or refuse life sustaining medical treatment which is based on the circumstances at the time and not the treatment. It does not authorise euthanasia.

Guidance for your Attorney

You may include discretionary guidance for your attorneys in your Lasting Power of Attorney, to assist them in making decisions on your behalf. This could include people you would like your attorney to consult when making decisions, your views, beliefs and values which may affect how the attorney makes decisions as to where you would like to live etc.

Paying your Attorneys - Lasting Power of Attorney

Generally family and friends would not expect to be paid to act as your attorney but they can recover out of pocket expenses paid on your behalf. If you have professional attorneys they will need to be paid for their work and this must be specifically set out in the power.

Your chosen Certificate Provider

An independent person must complete a certificate of capacity, confirming that you are making the LPA of your own free will, that you understand its purpose and the powers you are giving your attorneys.

If Dale & Co are not appointed as your attorney in your Lasting Power of Attorney then we can act as your certificate provider. If, however, you have decided to appoint Dale & Co as your attorney please let us know who you would like to be your certificate provider. For more information, please ask us for further details about your choices regarding a certificate provider.

Choice of Attorney

Consider the following when choosing an Attorney for your Lasting Power of Attorney:-

• They must be over 18 years of age
• They must not be an undischarged or interim bankrupt person, if you are making a property and affairs power
• They must be absolutely trustworthy and have the appropriate skills to make decisions on your behalf
• They should be people with whom you have a settled and easy relationship and if more than one, who get on with each other well, or who are likely to do so
• You can appoint one attorney but it is advisable to appoint more than one to lessen the chance of abuse of the power and to ensure continuity in case he or she cannot act
• They can be family members, friends or your professional advisor such as Dale & Co.
• They must agree to be your attorney and should understand the role they will be fulfilling
• If they know the people who will be notified on registration, they should have a good relationship with them
• If you want more than two attorneys, add additional names on a separate sheet of paper