A lasting power of attorney, or LPA, is a powerful document that offers reassurance. Let’s look at what an LPA is and the circumstances that cause it to end.
What is an LPA?
An LPA is a document that appoints someone, known as the attorney, to manage the donor’s affairs should they become incapacitated due to illness or an accident. Without this legal document, it can be hard for the donor to receive help and can cause a lot of stress for the people around them.
It is therefore important to set up an LPA online as soon as possible, even if you are currently able and well. Help and advice are available from specialists such as https://powerofattorneyonline.co.uk/.
When does an LPA end?
An LPA applies from the moment the document is signed under certain specific conditions and lasts until:
- The donor dies. This is the most straightforward scenario.
- The appointed attorney dies. If this happens, a replacement attorney can step in. If there is no replacement attorney, the LPA ends.
-. The LPA is revoked. The donor has the right to change and amend the document for as long as they are deemed capable of making decisions.
- If the donor regains mental capacity, they can remove the LPA. If the attorney loses mental capacity, they can no longer act on behalf of the donor and the LPA ends.
- The attorney resigns. The attorney can choose to withdraw their services at any time as long as the donor still has mental capacity and agrees to the change.
- The LPA is deemed invalid. The Court of Protection can step in if it is suspected that the LPA is being abused or the attorney is considered unsuitable.
- Either party goes bankrupt. Any financial LPA responsibilities end; however, a health and welfare LPA remains valid.
- If the marital status changes in some circumstances; for example, if the attorney is someone’s spouse, the LPA might end upon divorce. If a marriage affects an attorney’s suitability, this may also cause the LPA to end.
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