Thinking about Lasting Power of Attorney (LPA)? It's a crucial document that ensures your affairs are managed if you lose capacity. But a common question arises: how long does a Lasting Power of Attorney last? Let's explore this vital aspect of LPA.
Understanding Lasting Power of Attorney
Before delving into duration, let's briefly define an LPA. A Lasting Power of Attorney is a legal document that allows you to appoint one or more people (your attorneys or agents) to manage your affairs if you become unable to do so yourself. This can include managing your finances, property, and even your health and welfare decisions. There are two types:
- Property and financial affairs LPA: This covers your finances, bank accounts, investments, and property.
- Health and welfare LPA: This covers decisions about your healthcare, living arrangements, and personal welfare.
You can create both types of LPAs, or just one, depending on your needs.
The Lifespan of an LPA: It's Not a Fixed Term
Unlike some legal documents with expiration dates, an LPA doesn't have a set expiry date. It remains valid unless:
- You cancel it: You have the right to revoke your LPA at any time while you have the mental capacity to do so. This means you can change your attorneys, or even cancel the LPA entirely.
- It's ended by a court: A court can end an LPA if it's deemed to be misused or no longer in your best interests. This is rare but possible.
- You lose mental capacity: While the LPA itself doesn't expire, it only becomes active when you lose the mental capacity to manage your affairs yourself. This is determined by a medical professional.
When Does an LPA Become Active?
The LPA only springs into action when you no longer have the mental capacity to manage your own affairs. This is crucial to understand. While it's in place, it doesn't automatically start controlling your decisions. Your attorney(s) only take over when a doctor or other appropriate professional confirms you lack the capacity to make those decisions.
Protecting Yourself with an LPA
An LPA is a proactive measure to protect your future. It allows you to choose who will manage your affairs, ensuring your wishes are respected and your best interests are served. The fact that it doesn't expire unless revoked or challenged by a court reinforces its long-term effectiveness.
Key Considerations
- Choose your attorneys carefully: Selecting trustworthy and capable individuals is paramount.
- Register your LPA: Registering your LPA with the Office of the Public Guardian is crucial to ensure its legal validity.
- Regularly review your LPA: While it doesn't expire, periodically reviewing and updating your LPA ensures it remains relevant to your circumstances.
By understanding how long a Lasting Power of Attorney lasts, you can make informed decisions about your future care and financial security. It's an essential part of planning for the unexpected, providing peace of mind for both you and your loved ones. Seek professional legal advice to ensure your LPA is properly drafted and registered.
