Lasting Powers of Attorney are invaluable when it comes to dealing with a family member or loved one who has lost physical or mental capacity to manage their personal and financial affairs, even temporarily.
To make a Lasting Power of Attorney you will need to be over 18 and have mental capacity (the ability to make your own decisions) at the time of making the LPA.
Where there are mental capacity issues, such as early diagnosis of Dementia or Alzheimers, then time is of the essence as the LPA(s) must be made before you became too unwell and lose all capacity. We understand that taking the decision to make an LPA in such circumstances is difficult. We will support you through the process as sensitively as we can.
Lasting Powers of Attorney can be relevant to everyone. Once you have made your LPA and it has been registered with the Office of the Public Guardian, you have peace of mind knowing that if you were to lose capacity in the future then the attorney(s) that you have appointed will be able to look after you and your affairs in the manner that you would wish.
There are two types of LPA (Lasting Powers of Attorney):
- Property and Financial Affairs
- Health and Welfare
You can have either one or both. LPAs can still be used by your attorney(s) after you have lost mental capacity.
Property and Financial Affairs LPA (Lasting Power of Attorney)
By making a Property and Financial Affairs LPA you, as the Donor, are giving your chosen attorney(s) the right to make financial and property decisions on your behalf. This may include managing your bank account, paying your bills, collecting your pension or benefits or buying and selling your property. You can if you wish give binding instructions to your attorney(s) in the LPA document. You can also include points for guidance for your attorney(s) which are not binding. You must state in your LPA whether the LPA can be used as soon as it has been registered at the Office of the Public Guardian or only after a Doctor has certified that you have lost mental capacity.
Health and Welfare LPA (Lasting Power of Attorney)
By making a Health and Welfare LPA you are authorising your chosen attorney(s) to make personal welfare, care and medical decisions on your behalf if at some time in the future you are unable to make those decisions yourself. This may include decisions in relation to your daily routine or medical care. In your LPA you must state whether or not you are giving your attorney(s) the power to make decisions regarding life sustaining treatment. The LPA for Health and Welfare must be registered at the Office of the Public Guardian and can only be used when you have lost the ability to manage your own affairs. This is distinct from the Property and Financial Affairs LPA which can be used as soon as it has been registered if you wish.
Our team is experienced in offering advice in respect of both types of Lasting Powers of Attorney. Please contact us for more information.