A Lasting Power of Attorney (LPA) allows you to plan for your future by giving someone you trust the authority to make decisions on your behalf if you are unable to do so
The importance of planning ahead
If you were struck by a degenerative illness in the form of Alzheimer’s or Parkinson’s, who would handle your finances and day–to–day affairs?
A proactive way of planning ahead for this situation is by making a Lasting Power of Attorney (LPA) whilst you have mental capacity. This is a useful legal document that gives another person (the Attorney) the power to manage your affairs if you are unable to do so. It protects you if your health deteriorates and lessens the strain on your loved ones should the unexpected happen.
What does it cover?
There are two types of LPA:
- Property and Financial Affairs
This LPA allows the Attorney to make decisions which relate to your property and affairs, so this could be paying bills, collecting benefits or other income, or even selling your house if you need to go into care (subject to conditions).
- Health & Welfare
This LPA allows the Attorney to make decisions on your behalf regarding your personal welfare. This could include making decisions about where you live, giving or refusing consent to life-sustaining treatment, together with more day-to-day decisions relating to diet, daily routine or dress. It can only be used if you do not have the mental capacity to make these decisions yourself.
Who can I appoint as my Attorney?
When choosing your Attorney, you should look to someone you know and trust, who is happy to take on the responsibilities involved. It is usual to appoint family members, close friends or professionals such as a solicitor. At Jefferies, we would be pleased to consider a request to act as your Attorney.
The Attorney must be at least 18 years old, have mental capacity and not be a bankrupt. You can appoint more than one Attorney, and they can act together or separately. You may have different attorneys in each LPA or the same person in both.
Can I place restrictions on my Attorney?
Yes, it is possible to restrict the powers of your Attorney but if you trust them implicitly, this should not be necessary. You can include your wishes regarding how you wish your property and finances dealt with or whether you wish to accept or decline certain medical treatment.
When can my Attorney use the LPA?
The Property and Financial Affairs LPA can be used both when you have capacity to act, as well as if you lack mental capacity to make a financial decision. The Health and Welfare LPA can only be used if you lack mental capacity. In both cases, the LPA must be registered with the Office of the Public Guardian before it can be used.
When should my LPA be registered?
We recommend registration as soon as you have made the LPA. Registration takes approximately 16 weeks and there is a registration fee of £82 per LPA charged by the Office of the Public Guardian.
What if I change my mind?
You can revoke the LPA at any time, provided you have the mental capacity to do so.
What will happen if I do not make a Lasting Power of Attorney?
Your loved ones would have to make an application to the Court of Protection to appoint someone to handle their affairs. You would not have control over who is appointed and during this time, no action could be taken to settle your bills or pay your expenses. The procedure can be expensive and stressful. If you need to go down the Court of Protection route, our specialist team can provide you with help and guidance.
What action should I take now?
Making a Lasting Power of Attorney is a complex process on which you should seek expert legal advice.
If you would like more information, please contact the Wills and Probate team on 01702 443484.
The contents of this article are for the purpose of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.