Powers of Attorney are Essential- the differences

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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)




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