What is a Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney (LPA) is a legal document that allows you (Donor) to appoint one or more people to make decisions on your behalf during your lifetime. The people you appoint to manage your affairs are called the Attorneys. An LPA is a completely separate legal document to your will although many people put them in place at the same time as getting their will written, as part of planning for the future.
What does a Lasting Power of Attorney Cover?
There are two types of LPA;
A Health and Welfare LPA lets your Attorney make decisions about your medical treatment and day-to-day care. This can include where you live, what you eat, what medical treatment you receive and who you see.
A Property and Finance LPA lets your Attorney handle (and make decisions about) your money and property. This can include paying your bills, selling your property, collecting your pension and collecting your benefits.
How does an LPA work?
If you ever become unable to express your wishes, an LPA enables your Attorney(s) to step in and make decisions for you about your health and care or your finances. These important decisions will be made by someone you choose and trust, and you can choose the right type of LPA for your circumstances.
Without an LPA, if you need someone to step in and manage your finances in the future, their only option will be to apply for a Deputyship order through the Court. This can be a costly, complex and lengthy process. If you have an LPA, it can take effect as soon as it’s needed, meaning your chosen Attorney can step in straight away.
Once your LPA is in place, you can have peace of mind that someone you trust can look after your affairs if you're ever unable to yourself, because of an illness or accident.
Your LPA can include instructions for your Attorney, as well as your general preferences, to help them make the right choices for you. Your LPA should reflect your wishes so you know that the things that matter most would be taken care of.
Who needs a Lasting Power of Attorney?
An accident or illness can strike anyone at any age, often without warning. For this reason, an LPA in an important legal document for anyone to put in place.
If you lose capacity to make decisions and you don't have an LPA, no one has the legal authority to manage your finances for you or make decisions about your healthcare. If you wish to retain control over the decisions that are made on your behalf and give this authority to someone you trust, you should consider making an LPA.
Without an LPA, someone you might not have chosen could be appointed by the Court to manage your affairs for you, under a Deputyship Order.
If you want peace of mind that a particular person will have the legal authority to look after your affairs, without them needing to go through the costly and complicated process of making a Deputyship Order, consider making an LPA.