If you encounter circumstances in which you have to deal with the personal affairs of another individual, you may have to consider whether to create a lasting power of attorney or enter into guardianship. Let’s look at these in more detail.
A guardianship refers to looking after the welfare of an incapacitated adult or child, while an LPA is a document that appoints an attorney or attorneys to make decisions on behalf of an individual, known as the donor.
What kinds of LPA are there?
There are two kinds of lasting power of attorney: one deals with the health and welfare of the donor, and the other deals with their property and financial affairs. The donor can create one or both LPAs, and attorneys can be appointed to either or both.
If you want to find out more about making an LPA online, companies such as //powerofattorneyonline.co.uk/ can provide help in the process.
What is the difference between an LPA and guardianship?
The main difference is that you must be able to establish mental capacity to create an LPA, meaning the donor must be able to understand the consequences of their actions.
On the other hand, legal guardians are appointed when another person loses the ability to make decisions for themselves. This may be because of an illness that inhibits them or the fact that they are a minor in the eyes of the law. The 1989 Children Act and the Mental Capacity Act of 2005 are the relevant pieces of legislation that govern guardianship in England and Wales.