When Can an LPA Be Used?
A property and financial affairs LPA can be used in two ways. With your consent, it can be used while you still have mental capacity — for example, if you need practical help managing finances or dealing with banks. It also operates automatically if capacity is lost, without the need for any further application.
A health and welfare LPA can only be used if you are unable to make the relevant decision yourself at the time it needs to be made. It cannot be used simply for convenience while you retain capacity.
In both cases, the LPA must be registered with the Office of the Public Guardian before it can be used at all. An unregistered LPA has no legal effect, regardless of how carefully it was prepared.
This is one of the most commonly misunderstood aspects of how Lasting Powers of Attorney operate.
At MJV Solicitors, we ensure clients understand exactly when and how their Lasting Power of Attorney will work in practice.
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If you would like advice on putting a Lasting Power of Attorney in place, MJV Solicitors provide clear guidance and transparent, fixed-fee pricing. Contact us today to discuss the right arrangements for your circumstances.