July 2014

Lasting Power Of Attorney (LPOA)

Wendy BurnConsultant Old Age Psychiatrist Leeds

July 2014

Contents

• What is a lasting power of attorney• Who is involved• How is capacity to sign assessed• What do the forms look like• Charges

July 2014

What is a Lasting Power of Attorney?

• A lasting power of attorney is a legal document that lets the ‘donor’ appoint people (known as ‘attorneys’) to make decisions on their behalf.

• There are 2 types of lasting power of attorney: 1. Health and welfare

2. Property and financial affairs• Patients can choose to make 1 type or both.

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LPOA

• People must be 18 or over and have mental capacity – the ability to make their own decisions – when they make a LPOA

• The LPOA enables others to manage finances or decisions about health if the person becomes incapable of doing this

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People involved

• The donor, who is the person giving the lasting power of attorney.

• At least one person to act as an attorney.• At least one certificate provider.• At least one person to be told or a second

certificate provider.• At least one witness.

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Certificate Provider

• Must be an independent person who is able to confirm that the donor understands the significance of the lasting power of attorney

• Must have known the donor well for at least two years• OR have relevant professional skills to enable them to

confirm that the donor understands the significance of the lasting power of attorney (for example, a GP or solicitor). Also need to certify that no undue pressure or fraud is involved in the making of the lasting power of attorney

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Certificate Provider

• Attorney(s) or replacement attorney(s) cannot also act as a certificate provider

• A person to be told can act as a certificate provider

• There must be at least one certificate provider, two if there are not any people to be told

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Independent Witness

• Patient’s signature at the end of part A must be witnessed by an independent witness.

• The certificate provider or person to be told can act as a witness.

• Attorney(s) or replacement attorney(s) cannot act as a witness.

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Examination of the patient

• See patient alone• Assess cognition, simple test is fine • Assess capacity

• If any doubt about capacity or decision seek further help from psychiatrist or solicitor

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Capacity Assessment

• You must assess a patient’s capacity to make a particular decision at the time it needs to be made.

• Each decision made requires a separate assessment

• Ensure patient understands concepts and trusts the attorneys

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A person with capacity

• Will be able to understand the information relevant to the decision

• Will retain that information as long as is needed to make a decision

• Can use or weigh that information as part of the process of making the decision

• Can communicate a decision (whether by talking, using sign language or any other means)

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Making a LPOA

• Can use a solicitor• Forms available on the internet:

https://www.gov.uk/lasting-power-of-attorney• Forms should be completed by family, patient

or solicitor before you sign

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LPOA Form

• Part A completed by the donor

• Part B completed by the certificate provider

• Part C completed by the attorney(s)

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LPOA Part A-patient signs

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LPOA Part A-witness signs

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Order of signatures

• Part A must be filled in and signed before the Certificate Provider signs

• Once part A is complete Certificate Provider should sign as soon as possible

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LPOA Part B: state why you can act as certificate provider

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LPOA part B: fill in your details and sign

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After completion

• After they have been completed forms must be registered with the Office of the Public Guardian

• Form will be returned registered and stamped and ready for use

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Charges for LPOA

• No set charges• I do health and welfare free• For financial affairs I charge £50 at my office,

£100 for home visit• Private psychiatrist fees around £500

July 2014

• Any questions?