What is a lasting power of attorney (LPA)?
An LPA is an incredibly important document which enables you to appoint one or more people to make decisions on your behalf should you become unable to do so. When you make such an appointment you are referred to as the ‘donor’. The person appointed is referred to as your ‘attorney’.
It is crucial to remember not to wait until things are difficult. In fact, if you don’t have the capacity to understand the LPA then it can’t be made. Every adult should have their LPAs in place and you should ensure your GP has a copy of the Health and Welfare document so they can ensure a note is kept with your medical records.
You must be over 18 and have mental capacity in order to make a LPA. Your attorneys must also be over 18 and would typically be your spouse/partner/adult children, but can be anyone you choose and most importantly trust.
Types of LPA
There are two types of LPA and both are required to be put in place:
Health and Welfare
Property and Financial Affairs.
It is crucial that each person has both types of LPA in place, and it is absolutely acceptable to appoint the same attorney/s in both if you wish.
A Health and Welfare LPA can only be used once it is registered AND where a medical professional has confirmed you have lost your mental capacity temporarily or permanently. Your attorney will make decisions relating to:
your daily routine
where you live and moving into a care home
medical care you receive and life-sustaining treatment if you have permitted your attorney to make decisions on this
A Property and Financial Affairs LPA can be used if you have lost your physical capacity in some way or simply wish your attorney to step in and start assisting with certain aspects of your life, as well as where you have lost your mental capacity. In this instance, your attorney will make decisions relating to:
paying your bills
collecting your benefits
selling your home
managing your investments
making financial gifts to your relatives and close friends
What are the benefits of having a LPA?
Certainty – you can ensure that the person or people that you want, rather than a stranger or people you do not trust, make decisions on your behalf.
Reassurance – it can be comforting to know that if you are not able to make a decision for yourself, you already have a mechanism in place for someone you trust to do this for you.
Saving time and money – without a LPA it can be very time-consuming and expensive for family and friends to obtain a similar power to act for you if you lose mental capacity.
Openness and discussion – making a LPA can prompt you to have important discussions about your future which you might not otherwise have.
When a LPA comes into effect
A Property and Affairs LPA can only be used when it is registered with the Office of the Public Guardian. It is advisable for either you as the donor or one of the attorneys, to do this as soon as it is signed so that there is no delay when it is actually needed.
A Health and Welfare LPA can only be used once the form is registered with the Office of the Public Guardian and you have lost the mental capacity to make decisions about your own welfare.