What is a Lasting Power of Attorney?

 A Lasting Power of Attorney (LPA) is a way of giving someone you trust, your attorney, the legal authority to make decisions on your behalf if you lose mental capacity at some point in the future, or if you no longer want to make decisions for yourself. There are two types of LPA: an LPA for financial decisions and an LPA for health and care decisions.

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Financial decisions LPA

An LPA for financial decisions allows your attorney to look after your financial affairs for you. Your attorney will be able to pay your bills, run your bank and savings accounts, buy or sell your house, and make or sell your investments. The LPA for financial decisions can be used while you still have mental capacity or you can state that you only want it to come into force if you lose mental capacity.  

 

Health and care decisions LPA

A health and care decisions LPA allows your attorney to make decisions for you about matters such as the type of medical treatment you receive, including life-sustaining treatment, how you should be looked after if you are in a hospital or care home, day to day matters such as your diet and daily routine. A health and care decisions LPA can only be used once you have lost mental capacity.

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When can a LPA be used?

A LPA cannot be used until it is registered with the Office of the Public Guardian.

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The benefits of a LPA

·      You ensure that your affairs are carried out by those you love and trust.

·      You can plan ahead of how your health, wellbeing and financial affairs should be looked after.

·      Your attorney(s) must follow the Code of Practice of the Mental Capacity Act 2005 and act in your best interests at all times.

·      It is a legal document that all banks and financial bodies will accept. For example, without the legal status of a health and care decisions LPA, relatives trying to challenge a local authority about the level or extent of care services being provided for an elderly relative who lacks capacity may find it difficult to insist on attending meetings.

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When should you make a LPA?

If you haven’t made a LPA then do it now – while you still have mental capacity. Mental capacity can be lost at any time, and not just by a mental illness such as dementia. Simple things - a bump on the head, a fall or even a car accident take people by surprise. Not having an LPA in place is a more costly and time consuming process both financially and emotionally.