Checking the Validity of an LPA: The Unknown Code: Part 2
For a free 15 minute consultation to discuss your Lasting Power of Attorney please Speak To Me here.
Whilst I am guessing this blog isn’t as eagerly anticipated as the return of Strictly I did promise part two so here goes….
Part one explored issues around checking the validity of a Lasting Power of Attorney providing clarification on the process and differences with LPAs registered pre and post 17.7.2020. The new OPG on line checking service and power of the access code were highlighted and the difference an Access Code brings emphasised – a double whammy of quick access and no more worries about finding that critical original document. From my rudimentary poll there is a lack of awareness about the code, the difference it makes is huge and both public and organisational awareness are needed #UseAnLpA indeed.
Coming back to checking the validity of an LPA, and the purpose of this blog, I want to expand a couple more critical LPA checks to be aware of. You need to know more than if someone “is” an attorney as their role, function and how they can act has the potential to be very different.
An LPA for Health and Welfare can ONLY be used when the donor has lost capacity. When making the LPA for Health & Welfare the donor will have made an important decision whether or not to give their attorney(s) authority to give or refuse consent for life sustaining treatment
An LPA for Property & Finance can be used EITHER as soon as it is registered or only when the donor loses mental capacity. The donor will have selected which option they wanted when making their LPA.
This level of detail is simply not covered in the letter the OPG send; worryingly the letter seems to be what many would opt to check.
Bringing it all together, my guide to the original poll question “a family member said they had Power of Attorney (PoA) for a relative, how would you check?”
Key points
Checking the validity of an LPA for healthcare professionals
Firstly, clarify which LPA the family member means – Health and Welfare, Property and Finance or both.
Next step, ask to see the original document(s) (for LPAs registered pre 17.7.2020) or ask to see if the relative has signed up to gain the access code (for LPAs registered post 17.7.2020).
Clarify how the attorneys can act if there is more than one attorney; this could be jointly (together) or severally (separately).
Clarify if the attorney(s) have authority to give or refuse consent for life sustaining treatment for Health & Welfare LPAs.
Clarify WHEN the attorney(s) can act for Property & Finance LPAs
The original document and the access code both enable you to see the full detail of the LPA detailed above, providing assurance that the attorney is acting in a way that the donor chose when they had capacity.
Key points if you are acting as an Attorney
For LPAs registered pre 17.7.2020 make sure you know where the critically important original document is. If you ever need to prove your status as an attorney you will need this, not the letter from the OPG, to show to organisations.
For LPAs registered post 17.7.2020 follow the simple steps to gain the access code – this can then be shared with organisations to demonstrate both proof and powers of the LPA.
Make sure you are aware of when you can act (for Property & Finance), of how you can act (jointly or severally with other attorney(s) and if you have authority to consent to life sustaining treatment for Health & Welfare LPAs.
(Note: these points will all have been drafted into the LPA signed by the donor & attorney(s))
We don’t know the next shift we will be on and needing to verify a patient’s LPA just like we don’t know when we might need one ourselves. None of us can predict the future any more than the winner of this year’s Strictly (although my money’s on that bouncy one with no vowels in his name). An LPA is a powerful legal document giving someone you trust the ability to speak for you if ever needed through ill health or accident. Make sure you are clear on exactly how to check the critical detail of LPAs and have a ponder – time to do your one?
For information and support on drafting your LPA contact me