Lasting Powers of Attorney (LPAs) are a legal way of giving someone else authority to make decisions on your behalf, should you no longer be able to do so yourself.

There are two types of LPAs: one for property and finance, and one for health and welfare.

A property and finance LPA allows your attorney(s) to make decisions about your money and property on your behalf, including buying and selling property, collecting benefits and pensions, paying bills, and managing bank accounts and investments.

A health and welfare LPA gives your attorney(s) the power to make decisions about your healthcare and personal welfare, including decisions about life-sustaining treatment, where you live, and your daily routine (such as what you wear, what you eat and drink, and who you have contact with).

You can choose to have one LPA or both. You can also appoint more than one attorney for each type of LPA, if you wish.

LPAs can only be used when the person who made them (the ‘donor’) no longer has the mental capacity to make decisions for themselves. This could be because of an accident or a degenerative condition such as dementia.

Before using an LPA, your attorney(s) must be satisfied that you lack mental capacity. They will need to get confirmation of this from a doctor or other suitably qualified health professional.

If you have not made an LPA, and later lose mental capacity, your family or friends will need to apply to the Court of Protection to be appointed as your ‘deputy’. This can be a long and expensive process.

A Lasting Power of Attorney for property and finance lets you appoint one or more people (known as ‘attorneys’) to help you make decisions about your money and property, or to manage these for you. This could include:

– Paying your bills

– Collecting your benefits

– Dealing with your tax affairs

– Buying or selling your home

You can give your attorneys instructions about how you want them to help you. For example, you may want them to make all decisions for you, or only certain decisions, or just help you make your own decisions.

You can choose whether your attorneys can make decisions about your property and finance immediately, or only when you lose mental capacity in the future. If you want them to be able to make decisions immediately, this is called a ‘continuing’ Lasting Power of Attorney. If you only want them to be able to make decisions in the future, this is called a ‘springing’ Lasting Power of Attorney.

A Lasting Power of Attorney for health and welfare lets you appoint one or more people (known as ‘attorneys’) to make decisions about your daily routine (such as what you eat and drink, your accommodation and personal care), medical care and other important welfare issues.

You can appoint the same people to be your property and financial affairs attorney and your health and welfare attorney, or different people.

You must be 18 or over and have mental capacity – the ability to make your own decisions – when you make a Lasting Power of Attorney.

We offer a free initial virtual or in-person consultation to discuss your specific circumstances. If you would like to make an appointment with one of our experts, please contact us today.