Lasting Power of Attorney
Certificate Provider
What is a Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney (LPA) is a vital legal document that allows you to appoint one or more people (known as ‘attorneys’) to make decisions on your behalf if you become unable to do so. This document is distinct from your will, although many people choose to set up both at the same time as part of comprehensive future planning.
There are two main types of LPA:
Health and Welfare LPA: This type of LPA allows your attorney to make decisions about your personal welfare, including medical treatment, care arrangements, and daily routines. It only comes into effect if you lose the mental capacity to make these decisions yourself.
Property and Financial Affairs LPA: This type of LPA gives your attorney the authority to manage your financial matters, such as paying bills, managing bank accounts, and selling property. Unlike the Health and Welfare LPA, this can be used as soon as it is registered, with your permission.
Key Benefits of an LPA:
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Control and Peace of Mind: An LPA ensures that your wishes are respected and that trusted individuals are making decisions in your best interest.
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Avoiding Court Intervention: Without an LPA, if you lose mental capacity, your loved ones would need to apply to the Court of Protection to appoint a deputy, which can be a lengthy and costly process.
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Flexibility: You can tailor the LPA to your specific needs and preferences, including setting out instructions and preferences for your attorneys to follow.
The Role of a Certificate Provider
A certificate provider is an independent person who signs the LPA to confirm that you are making it of your own free will and that you understand its implications. This helps protect your interests by ensuring no fraud or undue pressure is involved.A certificate provider can be someone who has known you for at least two years or someone with relevant professional skills. However, certain individuals cannot act as a certificate provider, including:
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An attorney or replacement attorney named in the LPA or any other LPA or Enduring Power of Attorney you have made in the past.
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A member of your family or the attorneys’ families, including spouses, civil partners, boyfriends, or girlfriends.
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A business partner or employee of your attorneys.
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An owner or employee of a care home where you reside.
Why Choose a Registered Nurse as a Certificate Provider?
Securing the services of an independent registered nurse as a certificate provider for your Lasting Power of Attorney (LPA) brings multiple benefits:
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Professional Expertise: Registered nurses have extensive training and experience in healthcare, ensuring they understand the implications of medical and care decisions. This expertise is invaluable in verifying that the donor fully comprehends the LPA.
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Trust and Reliability: Nurses are trusted professionals who adhere to strict ethical standards. Their involvement provides reassurance that the LPA is being set up correctly and ethically.
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Impartiality: As healthcare professionals, nurses maintain impartiality and objectivity, ensuring the LPA is created without any undue influence or pressure.
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Holistic Understanding: Nurses have a holistic understanding of patient care, including medical, emotional, and social aspects. This ensures the donor’s overall well-being is considered.
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Mental Capacity Assessment: Registered nurses are skilled in assessing mental capacity, ensuring that the donor has the necessary understanding and ability to make informed decisions about the LPA.
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Legal Compliance: Having a registered nurse as a certificate provider helps ensure all legal requirements are met, reducing the risk of future issues.
Benefit to Solicitors: Solicitors can benefit from employing a registered nurse as a certificate provider, as it adds an extra layer of professional assurance and credibility to the LPA process, enhancing client trust and satisfaction.
Professional LPA Assistance in the Comfort of Your Home
An independent Registered Nurse will visit you at home to discuss your Lasting Power of Attorney (LPA) in a private and confidential setting.
Our Service Includes:
Comprehensive Mental Capacity Assessment:
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Confirming your understanding of the LPA’s significance.
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Ensuring you are not under any pressure to make the LPA.
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Verifying there has been no fraud involved.
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Addressing any other concerns.
Detailed Documentation:
We follow the Office of the Public Guardian (OPG) guidelines to document the discussion and retain a copy until your LPA is registered. This record is crucial if your capacity to make an LPA is ever challenged.
Thorough Review and Verification:
The Nurse will check your LPA for errors, ensure you sign it correctly, and witness your signature if needed.
Why Choose Cooper Care Consultancy
Convenience: We come to you, saving you time and effort.
Confidentiality: Private discussions in the comfort of your home.
Expertise: Professional assessment and guidance from a Registered Nurse.
Ensure your LPA is completed accurately and confidently with our professional assistance.
Contact us today to schedule your home visit
