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Lasting Power Of Attorney (LPOA)

Lasting Power Of Attorney (LPOA). Wendy Burn Consultant Old Age Psychiatrist Leeds. Contents. What is a lasting power of attorney Who is involved How is capacity to sign assessed What do the forms look like Charges. What is a Lasting Power of Attorney?.

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Lasting Power Of Attorney (LPOA)

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  1. Lasting Power Of Attorney (LPOA) Wendy Burn Consultant Old Age Psychiatrist Leeds July 2014

  2. 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

  3. 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. July 2014

  4. 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 July 2014

  5. 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. July 2014

  6. 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 July 2014

  7. 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 July 2014

  8. 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. July 2014

  9. 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 July 2014

  10. 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 July 2014

  11. 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) July 2014

  12. 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 July 2014

  13. LPOA Form • Part A completed by the donor • Part B completed by the certificate provider • Part C completed by the attorney(s) July 2014

  14. LPOA Part A-patient signs July 2014

  15. LPOA Part A-witness signs July 2014

  16. 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 July 2014

  17. LPOA Part B: state why you can act as certificate provider July 2014

  18. LPOA part B: fill in your details and sign July 2014

  19. 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 July 2014

  20. 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

  21. Any questions? July 2014

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