A lasting power of attorney (LPA) is a legal document in England and Wales that lets the farmer appoint one or more people who has the necessary skills to take over and make decisions on the farm if the farmer is no longer fit to do so.
The farmer is able to appoint up to four LPAs who can be anyone from family or friends to someone in a professional field. It is important if you are a farmer to have an LPA in place so that if something were to happen, there is a plan of takeover in place of your mental absence.
There are two types of LPA that are in place for when mental capacity is lost:
- Health and welfare – any medical and healthcare decisions can be made on your behalf (It is often thought that the next of kin has control of medical situations whereas they do not).
- Financial affairs – cover of any business decisions, relating to income, investment, paying bills, property situation etc.
- It is advised to have both LPA documents in place.
- From the age of 18 you are able to get an LPA whilst you are mentally in control.
- The document is flexible and should be changed if circumstances or you living situation changes.
- You are able to cancel your LPA at any time.
How to make a LPA?
- Choose your attorney(s)
- Fill out the form(s) (linked below)
- Register with the Office of the Public Guardian
- The process can take up to 10 weeks
It is easy to get a LPA, the documents can be downloaded off the government website. Documents cost £82 per document, additional fees may apply if further advice is taken to draft the document. Guidelines to filling out the document can be found online, once completed the document needs to be submitted to the Office of Public Guardian for registration.
If you need further advice or help, contact the Office of the Public Guardian:
- Telephone: 0300 456 0300
- Text: 0115 934 2778
- Monday, Tuesday, Thursday, Friday, 9am to 5pm
- Wednesday, 10am to 5pm