Lasting Powers of Attorney (LPAs) are a legal tool that allows you to appoint someone (an Attorney) to make decisions on your behalf, or to help you to make decisions.
There are two types of LPAs:
- a Health and Welfare LPA, and
- a Property and Financial Affairs LPA.
Each type covers different decisions, and you can choose to apply for both or just one.
A Health and Welfare LPA allows your Attorney to make decisions about where you live, the treatments you receive, and your daily care, such as diet and clothing. This type of LPA can only be used when you have lost mental capacity, and it must be registered with the Office of the Public Guardian before it can be used.
A Property and Financial Affairs LPA covers decisions regarding your finances and property. It includes tasks such as paying bills, managing income and benefits, or selling your house if necessary. You can use this type of LPA even if you still have mental capacity, but rely on others, e.g., if you are unable to get to the bank yourself, your Attorney can go for you.
Once you have lost mental capacity, you cannot set up an LPA. In those situations, your family would need to apply to the Court of Protection to appoint a Deputy. This process is costly and time-consuming.
Thinking about growing old and the possibility of losing mental or physical capacity is unpleasant. However, an LPA can be seen as an insurance policy. Just as you insure your house, car, and life, having an LPA ensures that someone you trust can make decisions for you when you are unable to. You don’t have to use the LPA; it’s there, just in case.
If you need legal advice on LPAs, contact Melissa Butler at 01756 692878 or email melissa.butler@awbclaw.co.uk.
12 June 2024
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