Lasting Power Of Attorney
Lasting Power Of Attorney
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LASTING POWER OF ATTORNEY
What is a Lasting Power of Attorney?
Lasting Power of Attorney known as LPA is a legal document that allows someone to make decisions for you, or act on your behalf, if you are no longer able to or if you no longer want to make your own decisions.
There are two types of LPA:
1) LPA for property and financial affairs
2) LPA for health and Welfare decisions
This covers health and welfare decisions and can only be used once you have lost mental capacity. An attorney can generally make decisions about things such as:
- where you should live
- your medical care
- what you should eat
- who you should have contact with
- what kind of social activities you should take part in.
You can also give special permission for your attorney to make decisions about life-saving treatment.
An LPA for property and financial decisions can be used while you still have mental capacity or you can state that you only want it to come into force if you lose capacity.
An LPA for property and financial decisions can cover things such as:
- buying and selling property
- paying the mortgage
- investing money
- paying bills
- arranging repairs to property.
- You can restrict the types of decisions your attorney can make, or let them make all decisions on your behalf.
If you are setting up an LPA for financial decisions, your attorney must keep accounts and make sure their money is kept separate from yours. You can ask for regular details of how much is spent and how much money you have. These details can be sent to your solicitor or a family member if you lose mental capacity. This offers an extra layer of protection.
Many scholars have decided that the Lasting Power of Attorney (LPA) is a form of planning which is permissible under the Islamic law as it is in line with the objectives of the Shariah, which is to encourage Muslims to plan and prepare for their future. Moreover, there are legislative provisions are in accordance with the Islamic legal maxim of Sadd Zara’i (blocking any means which could lead or has the potential to lead to something unlawful or harmful) which would thus prevent any possibility of the done or the deputy abusing the authority given.
LPA has similar concepts in the Islamic traditions such as Wasiya, Wakalah and Wilayah. These three concepts are based on the Quranic verse:
Which means: “… if the debtor is feeble-minded or weak or cannot dictate himself, then his guardian should dictate with fairness..” (Surah al-Baqarah, verse 282)
The donee can only make decisions based on the authority given by the donor, from his personal welfare or property and affairs matters, or both.
The donee, however, is not allowed to make decisions on consenting to marriage, divorce, child adoption, adopting or renouncing a religion, receiving treatment for change of gender, consenting or revoking consent to treatment for sexual sterilization or abortion, registering or withdrawing an objection regarding the removal of an organ, making or revoking an Advance Medical Directive (AMD).
To set up a Lasting Power of Attorney, there are many ways, one of which is to get in touch with our specilistists by phone or email and we will guide you through the process.