Nuovo appuntamento con “Peter’s Pills“, la rubrica online di Legal English by Federnotizie (la rivista online di Federnotai), in collaborazione con Confprofessioni e Beprof. La nona video-lezione “Lasting Power of Attorney” è disponibile sul sito www.federnotizie.it, sui canali social e sul sito di Confprofessioni e sulla app Beprof, scaricabile da App Store e Google Play.
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We are probably all familiar with two forms of power of attorney, namely, (in Italiano non è necessario tradurre “namely”. Basta mettere due punti “ : “ ) a general power of attorney (procura generale) or a specific power of attorney (procura specifica), but there is also a third form called a lasting power of attorney (UK), or a durable power of attorney (USA).
A lasting power of attorney (LPA) is a legal document that lets you – the donor – appoint one or more people – known as ‘attorneys’ (procuratori) – to help you either make decisions or to make decisions on your behalf (per conto tuo). These attorneys may make decisions for you jointly (congiuntamente) or severally (disgiuntamente) depending on the power you grant (concedere).
An LPA gives you more control over what happens to you if you have an accident or an illness (malattia) and lack mental capacity. There are 2 types of LPA and you can decide to grant just one, or to grant both.
The first type is a:
Property and financial affairs lasting power of attorney
You should use this LPA to give an attorney the power to make decisions about money and property for you, for example:
• managing a bank account
• paying bills
• collecting a pension
• Or selling your home
Note that this type of LPA can be used as soon as it’s registered, with your permission, or as soon as you lack mental capacity.
The second type of LPA is a:
Health and welfare lasting power of attorney
You should use this LPA to give an attorney the power to make decisions about
• your daily routine, for example washing, dressing, eating
• medical care
• moving you into a care home
• Or life-sustaining treatment (trattamento salvavita)
Note that this type of LPA can only be used when you’re unable to make your own decisions. Once created, an LPA needs to be registered, and can later be changed or ended, as long as you have metal capacity when you do so.
Thank you very much, and see you next time for more Peter’s Pills to improve your legal English.
See how to create your own property and financial affairs lasting power of attorney here:
See how to create your own health and welfare lasting power of attorney here: