What is a Lasting Power of Attorney?

 

A Lasting Powers of Attorney is a legal document that allows you to appoint one or more people (known as “Attorneys”) to help you make decisions, or to make decisions on your behalf with regard to your property and finances and your health and welfare.

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There are two types of Power of Attorney which you can make:

 

• Property and Financial Affairs

• Health and Welfare

 

A Property and Financial Affairs Lasting Power of Attorney allows your attorneys to help you make decisions, or make decisions on your behalf with regard to your property and finances, if you cannot make them yourself in the future. This could be because you may lack the mental capacity to make the decisions yourself if you suffer ill health and require help to manage your finances. The Attorneys you choose can then legally provide you with the help that you need in dealing with your finances.

 

Your attorneys will have the power to make certain decisions about money and property for you, for example:-

 

• Managing a bank of building society account

• Paying bills

• Collecting benefits or a pension

• Selling your home

 

A Health and Welfare Lasting Power of Attorney allows for you appoint Attorneys to make decisions about your general health and welfare if you become unable to make them yourself in future because you lack mental capacity.

 

Your Attorneys will have the power to make certain decisions for you, for example:-

 

• Medical care

• Your daily routine, e.g. washing, dressing, eating

• Which care home you live in (if necessary)

• Life-sustaining treatment (if specified)

 

What happens if I don't make a Lasting Power of Attorney?

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If you don't make a Lasting Power of Attorney and you become unable to make certain decisions for yourself, there may be no one with the legal power to act on your behalf. This can make dealing with your finances and decisions about your future care very difficult. Being next of kin is not enough.

If you have no Lasting Power of Attorney and have lost the ability to deal with your own financial affairs someone would need to apply to the Court of Protection to become your Deputy. The process of becoming a Deputy is a much lengthier, complicated and much more expensive process than making a Lasting Power of Attorney.

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There are also ongoing requirements that a Deputy must fulfil such as paying an annual fee and also submitting an annual report which are not required of an Attorney.

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It is therefore highly recommended to make provision for an Attorney now, rather than someone having to become your Deputy further down the line.

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Why should I use a Solicitor to put a Lasting Power of Attorney in place?

 

You should not underestimate the importance and power of this document, it can have a huge impact on your life should you lose mental capacity.

Whilst you can put a Lasting Power of Attorney in place yourself and the form appears quite easy to complete it is an important legal document. If there are any mistakes, the LPA will still be registered but may be invalid when it is needed and it will therefore be too late to put another LPA in place.

Instructing a Solicitor ensures that the procedure has been done correctly based on your instructions.