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Lasting Powers of Attorney- differences between Health and Welfare and Property and Financial Affairs LPAs These are some of the “headline: differences” between health and welfare and property and financial affairs lasting powers of attorney (LPAs) and why a Donor should grant both- as only granting one limits the donees ability when the Donor looses Mental Capacity. Type of POA Health and welfare Property and financial affairs (Essential if donor is deemed by the Local Authority to be a so called “self funder” (Self-funder) Who can make an LPA? • Any person aged 18 • Person must have mental capacity • Any person aged 18 • Person must have mental capacity Who can be an attorney? • Any person aged 18 or over Person must not be a bankrupt • Any person aged 18 or over • Person must not be a bankrupt What decisions/actions can be taken by an attorney on behalf of the donor? Anything that relates to the donor’s personal welfare, for example: • Medical matters • Consent to medical treatment and arrangements that need to be made • Where the donor should live • Who the donor may have contact with • The donor’s day to day care provision. • Dealing with social services-i.e Continuing Health Care (“CHC”) and Care Plans, and receiving Direct Payments (“DP’s) from the Local Authority • Accessing medical or legal paperwork • Dealing with the donor’s day to day paperwork • Complaints about care or treatment Anything that relates to the donor’s property and financial affairs, for example: • Buying or selling property • Operating bank accounts • Giving access to the donor’s financial information • Claiming and using all benefits, pensions, allowances etc • Receiving any income • Dealing with tax affairs • Paying the donor’s mortgage, rent and household expenses. • Insuring, maintaining and repairing the donor’s property • Investing the donor’s savings • Making gifts in very limited circumstances • Paying for private medical care, residential care or nursing home fees • Using the donor’s money to buy a vehicle or any equipment or other help needed • Repaying interest and capital on any loan taken out by the donor When can the LPA be used? • Only after the LPA has been registered with the Public Guardian AND • When the donor lacks capacity • Only after the LPA has been registered with the Office of Public Guardian (“OPG”) AND • Before or after donor lacks capacity (unless donor specifies that the attorney cannot act until after the donor has lost mental capacity)