Carl Glendon

What Are The Different Types Of Lasting Power Of Attorney?

Lasting Power of Attorney or LPA is a type of legal document that allows a person (donor) to appoint another individual (done) or multiple persons (donees) voluntarily to take decisions on his behalf and act on the same in case he loses mental abilities someday. The donor needs to be 21 years of age at least, and can be chosen to act in two broad domains - Property & Affairs Matters and Personal Welfare. Based on these areas, LPA is categorized into two types:

Property and Affairs LPA

It provides the attorney with the ability to take decisions across the entire gamut of financial affairs, which include property. An attorney is subsequently allowed to manage income, bank accounts and inheritances, as well as sell and purchase property on the donor's behalf. Unless there is enforcement of a restriction, this kind of LPA can become effective immediately after it has been signed and registered.

Keep in mind that this kind of LPA is used for appointing an attorney or more attorneys to manage finances, properties and more. This type of LPA substitutes EPAs (Enduring Powers of Attorney), although EPA signed prior to October 1, 2007, stays valid and cannot be updated in case of changes in circumstances. Thus, one might prefer making an LPA in its place. Please visit this site to get a sample free power of attorney form.

Personal Welfare LPA

It gives the power to attorneys to make all the decisions about the personal welfare of a donor, on his behalf. The decisions can include the place where the donor will reside, how his daily care would be performed, as well as refusing or allowing medical treatment. However, as compared to a Property and Affairs LPA, the one related to Personal Welfare becomes enforceable after it has been signed and registered and after the donor loses the ability to take decisions on his own.

In this kind of power of attorney form, Health and Welfare decisions - such as seeking consent for medical cure, moving to a nursing home - are taken. Although you might have an Advance Directive or Living Will already, those are not binding. Personal Welfare LPA is a better option.

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Carl writes often about legal drafting, rental lease agreements, power of attorney form sand help the people in such needs. You can find his thoughts at limited power of attorney blog. To learn more about drafting a power of attorney form in Delaware online, visit this website.