Why do I need a Lasting power of Attorney?

 

A Lasting Power of Attorney (LPA) is a legal document that allows you (the donor) to appoint one or more people (your attorneys) to make decisions on your behalf, in case you become unable to make decisions for yourself in the future due to mental or physical incapacity.

 

Did you know that even your spouse does not have the legal authority to deal with your affairs if you are no longer able to because you have lost mental capacity?

 

LPAs are also very useful if physical incapacity causes you to be housebound, or in a care home, or you lose your hearing and cannot use the telephone to call your bank and other service providers.

 

There are two types of LPA:

 

Lasting Power of Attorney for Property and Financial Affairs: This grants the appointed attorney(s) the authority to manage the donor's financial affairs, including handling bank accounts, paying bills, managing investments, and selling property. It can then be used if you lose mental capacity for any reason, or you may want your attorney(s) to act on your behalf with your permission, even if you have full capacity.​

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Lasting Power of Attorney for Health and Care: This LPA authorises the appointed attorney(s) to make decisions regarding your health and care, including medical treatment, where you live, and other personal matters. This LPA can only be used if you have lost mental capacity and can’t make these decisions for yourself.

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I will draft the relevant LPA forms for you and ensure that they are correctly signed and dated by yourself and your Attorney(s), as this must be done in a specific order. I will also deal with the registration process with the Office of the Public Guardian so that your LPA(s) is ready to be used by your Attorney(s).

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Having an LPA, or both LPAs in place allows you to plan in advance for potential incapacity, ensuring that trusted individuals, chosen by you, have the legal authority to make decisions in your best interests. 

 

You cannot make an LPA once you have lost mental capacity, so by preparing for the future now, you will also avoid the risk of family members being forced to issue costly and time-consuming Court Proceedings to appoint someone to manage your affairs (called a Deputy).