LPAs – who will make decisions when you can’t?

Why would you recommend that people don’t delay when it comes to making LPAs?

Physical and mental impairment can occur at any time, at any age (it is not just the elderly, younger people may become incapacitated through injury or illness) and it is crucial to plan ahead to protect your interests and ease the potential burden on your loved ones.

A Lasting Power Of Attorney (LPA) allows you to appoint another individual (Attorney) to legally act and make decisions on your behalf.

There are two types of LPA: one is known as a property and financial affairs LPA and allows your Attorney to make decisions in relation to buying and selling property, paying bills, and managing bank accounts and investments. This LPA can be used both while you have capacity (with your permission) and in the event of you losing capacity.

The second LPA is known as a health and welfare LPA and allows your Attorney to make decisions about your living arrangements, diet and nutrition, care needs and medical treatment. This LPA can only be used if you have lost capacity.

You are free to appoint anyone that you trust to act as your Attorney (you can appoint more than one person) provided that they are over 18, have not been declared bankrupt and you are confident that they would act in your best interest.

What advice would you give to anyone thinking of making a LPA?

It is important to note that if you do not have an LPA in place and later lose mental capacity, your loved ones could be faced with the lengthy and costly process of having to apply to the Court of Protection to obtain a court order, permitting them to access and manage your property and finances.

LPAs are important legal documents which require careful consideration. We strongly recommend that you consider taking legal advice before proceeding to make an LPA to avoid any unintentional errors, which may have an adverse effect on how your Attorney can act or even invalidate your LPA.