What is the Difference Between a Lasting Power of Attorney and a Power of Attorney?
When it comes to making decisions on behalf of someone else, it is important to understand the difference between a Lasting Power of Attorney (LPA) and a Power of Attorney (PA). Both are legal documents that allow a person to appoint someone else to make decisions on their behalf, but there are some key differences.
A Lasting Power of Attorney (LPA) is a legal document that allows a person to appoint someone else to make decisions on their behalf, even if they become mentally incapable. The holder of an LPA can make life changing decisions on behalf of the mentally incapable person, for example regarding their lifestyle arrangements, medical care and ‘life sustaining treatment’.
In contrast, a Power of Attorney (PA) is a legal document that allows a person to appoint someone else to make decisions on their behalf, but only while they are still mentally capable. For example, under an EPA, the attorney cannot decide where the donor should live, or make decisions about their medical care or life sustaining treatment.
It is important to understand the difference between an LPA and a PA, as they are both very different legal documents. An LPA is designed to provide protection for a person who is mentally incapable, while a PA is designed to provide protection for a person who is still mentally capable.
It is also important to note that an LPA must be registered with the Office of the Public Guardian, while a PA does not need to be registered. This is because an LPA is a more powerful document than a PA, and it is important that the Office of the Public Guardian is aware of the LPA in order to ensure that the attorney is acting in the best interests of the mentally incapable person.
In conclusion, it is important to understand the difference between a Lasting Power of Attorney and a Power of Attorney. An LPA is a legal document that allows a person to appoint someone else to make decisions on their behalf, even if they become mentally incapable. In contrast, a PA is a legal document that allows a person to appoint someone else to make decisions on their behalf, but only while they are still mentally capable. It is important to note that an LPA must be registered with the Office of the Public Guardian, while a PA does not need to be registered.