Lasting Powers of Attorney are not just for the elderly. Everybody should be considering them. A Lasting Power of Attorney (LPA) is a legal document that allows you (the “donor”) to appoint one or more trusted people (your “Attorney(s)”) to make decisions on your behalf if you are no longer able to make or communicate those decisions yourself.
Many people assume that if you are married or in a civil partnership, your spouse or civil partner would automatically be able to make decisions about your finances, health or care. This is not the case. Without a registered LPA, your spouse or civil partner does not have the legal authority to act for you, even if you live together and have shared finances.
There may come a time when you’re no longer able to manage your own affairs because you’ve had an accident, developed early onset dementia or suffered a stroke. You can only create LPAs if you have mental capacity to do so and you are making the decision freely. That means you must put them in place while you are still able to understand what you are signing.
Having Lasting Powers of Attorney set up in advance can make things much easier for your loved ones if, and when, the time comes.
What happens if I do not have Lasting Powers of Attorney?
If you lose capacity and you do not have LPAs in place, the people who need to make decisions for you would usually have to apply to the Court of Protection to be appointed as your Deputy. This process can cost thousands of pounds in legal and court fees and can take several months. During that time, paying your bills, dealing with your property or making decisions about your care can become very difficult.
What sort of decisions could my Attorney(s) make on my behalf?
There are many reasons why you may need someone to make decisions for you. This might be temporary – for example, if you’re in hospital and need help with everyday financial tasks such as paying your mortgage and bills or arranging repairs to your home. It may also be part of longer-term planning, if you’ve been diagnosed with dementia and wish to prepare in case you lose the ability to make decisions for yourself in the future.
The 2 types of Lasting Power of Attorney
- Financial Decisions (Property and Financial Affairs LPA)
Under this document, the donor (the person giving the power) appoints one or more Attorney(s) to make decisions about property and financial affairs. This can include managing bank accounts, paying bills, and selling your home if required. This document can be used, with your permission, while you still have mental capacity – but you must choose this option when setting it up. - Health and Care Decisions (Health and Welfare LPA)
Under this document, the donor appoints one or more Attorney(s) to make decisions about personal welfare. This can include where you live, what medical treatment you receive, the care and support you have, who you have contact with and what social activities you take part in. A crucial part of this document is whether you give your Attorney(s) authority to make decisions about life-sustaining treatment, or whether you leave that decision with medical professionals. This LPA can only be used if you lose mental capacity.
How is an LPA different from a Will?
Lasting Powers of Attorney apply during your lifetime and allow others to act on your behalf while you are still alive. A Will is separate: it only takes effect on your death and has no authority before then. You should consider having both.
If you would like more detail about how LPAs work and how to plan ahead, you can read our full guide on Lasting Powers of Attorney.
If you have any questions or would like to proceed with Lasting Powers of Attorney, please contact Nichola Scillitoe on 01206 576 151 or email nichola.scillitoe@johnfowlers.co.uk.