What is Lasting Power of Attorney, and why might you need one?

A Lasting Power of Attorney (LPA) is a legal document in which you can appoint ‘attorneys’ to act on your behalf if you’re unable to make decisions now, or in the future.

Circumstances can arise that mean you’re unable to make decisions yourself because you don’t have capacity (e.g., dementia or injury).

Creating an LPA means you’re planning for the future by ensuring that someone you trust can make decisions for you if you do lose capacity.

For your loved ones, this means that you’re choosing someone that will make decisions with you in mind, rather than putting them in a position where they have no control over the care you receive.

In short, an LPA can be set up by you to manage your affairs in a way you trust that your loved ones can rely on as well.

How does an LPA work?

LPAs are registered with the Office of Public Guardian and kept on a national register.

Most importantly, an LPA can only be set up by you (the donor) whilst you have mental capacity to sign the forms (but can be held until a time in which it is deemed necessary to be called upon).

The most widely used and common LPA Is the property and finance option, allowing you to nominate an attorney to manage your finances and property.

A property and finance LPA would be able to look after your:

  • Bank accounts

  • Savings

  • Pensions

  • DWP benefits

  • Everything relating to your property

When it comes to how the LPA is implemented, you can choose how the attorney may act on your behalf.

For example, you can choose the LPA to be in effect in the event of the loss of mental capacity, or in certain circumstances, you may wish to grant consent immediately.

What other types of LPA are there?

Property and finance is one LPA option, as outlined above.

Another LPA option is a health and welfare, which is designed for you to nominate an attorney to make decisions relating to your medical and welfare care if you are unable to do so.

This includes decisions about your medical treatment and care at home (or residential care), and in addition to this, you can specify your wishes about resuscitation if you’re in a life-threatening situation.

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