Lasting Power of Attorney – what is it?
A Lasting Power of Attorney (LPA) is an English law legal document that allows you to select people you trust to make decisions on your behalf about property, financial matters or health and welfare issues at a time in the future when you may not be in a position to make those decisions for yourself. An LPA is only valid after it has been registered with the OPG.
An LPA whilst I am a expat in Dubai?
Whilst you are living in Dubai or the UAE you might wonder why having an LPA could be relevant. The simple fact is that most expats return to the UK to retire or if they suffer serious health problems. This is when having an LPA in place can really pay didvidends, even if your focus is on Dubai or Abu Dhabi right now.
There are two types of LPA:
Health and Welfare LPA
This lets you to plan ahead by choosing one or more people to make decisions about your health care and how you are looked after. They can only make decisions on your behalf when you lack the ability to make those decisions for yourself, for example because of dementia.
The decisions that you allow them to make can be considerable, including:
Whether you continue to live in your own home, perhaps with help from Social Services or if residential care would be more appropriate
Giving or refusing consent for some types of treatment
Life-sustaining treatment – this needs specific approval by you giving your Attorney (the person making the decision for you) the right to make these decisions
Your daily living, such as diet, clothing or daily routine
A health and welfare LPA gives no authority to make financial decisions on your behalf or decisions about your property.
Property and Financial Affairs LPA
This type of LPA does give your Attorney the power to make decisions on your behalf about your financial affairs and property matters.
It can be used to look after your financial affairs if you are worried that you may not be able to make those decisions for yourself at a later date and also when you are perfectly fit and well, e.g. if you are intending to spend a prolonged period out of the country. Their authority can encompass a wide range of matters including bill payment, collecting your benefits or even selling your house on your behalf.
A Property and Financial Affairs LPA gives no authority to your Attorney to make decisions about any of your health care or welfare issues
How do I make someone my Attorney?
Anyone aged 18 or over can make a Lasting Power of Attorney. As the Donor (the person making the LPA) you nominate one or more people as your Attorney.
You will also need a certificate provider, who completes the ‘Part B certificate’ for the LPA. They have to verify that you understand the document and what powers you would be are handing over to your Attorney on your behalf.
There should be a third party or ‘Named Person’. This person has the right to object to the registration of the LPA if they have concerns. They are there to safeguard your interests and ensure that you are not being pressurised into handing over LPA. If you do not provide details of people to be told of the registration you will need to have two Certificate providers.
Finally, when you and your Attorney are signing the respective parts of the LPA form this also needs to be a witnessed.
You can make an LPA at any time, but it cannot be used until it has been registered with the OPG. Your Attorney can only make decisions once the LPA has been registered and will be restricted by your specifications on the document at all times.
As LPAs are important documents, your first act should be to consult with a legal expert who will be able to guide you through the process.
