Lasting Power of Attorney
Having Lasting Power of Attorney in place, allows health and /or financial decisions to be made on behalf of the person we care for, when they’re no longer able to do so themselves.
Planning ahead
Power of Attorney is the legal process by which you can appoint somebody else to deal with your financial and legal affairs, or to make health and welfare decisions on your behalf, in the future.
In an ideal world, this should be considered when you are healthy, rather than as a reaction when illness strikes.
Types of Lasting Power of Attorney
Health and Welfare
A health and care LPA lets your attorney make decisions about your medical treatment and day-to-day care. This often includes where you live, what you eat, what medical treatment you receive and who you see.
Property and Financial Affairs
A financial decisions LPA lets your attorney handle and make decisions about your money and property. This often includes paying your bills, selling your property, collecting your pension and collecting your benefits.
Reach out
We can help you with the making of a Lasting Power of Attorney and also with the registration process that must be carried out before the Lasting Power of Attorney can be used.
Frequently Asked Questions
A Lasting Power of Attorney (LPA) is a legal document by which you can appoint another person to make decisions for you, should you become incapable for any reason. This gives you, your family and loved ones the peace of mind that all matters will be dealt with in your best interests, by someone who you know and trust should anything unfortunate happen to you.
LPA is only valid in England and Wales, and replaced the Enduring Power of Attorney (EPA) in 2007. If you have already set up an EPA before 1st Oct. 2007, it should still be valid. Your existing EPA will only cover decisions about your property and financial decisions. An LPA for Health and Care decisions could be set up to work along-side the EPA.
With an LPA for Financial decisions, you will have the option to state if you would like your attorney to start using it before or after you lose mental capacity.
The LPA for Health and Care decisions can only be used once you have lost capacity. You can cancel your LPA at any time while you have mental capacity.
If you lose mental capacity before an LPA is set up, it might be that the Court of Protection becomes involved. They can then:
- Ascertain whether someone has the mental capacity to make decisions.
- Make an order relating to health and care or property and financial decisions.
- Appoint a deputy on behalf of someone who lacks mental capacity.
