Lasting power of attorney

While a Will ensures your wishes are carried out after your passing, a Lasting Power of Attorney (LPA) safeguards your interests during your lifetime. There may come a time when circumstances prevent you from making decisions regarding your financial affairs or health and wellbeing, such as a serious accident or illness that results in a loss of mental capacity, such as dementia. 

While a Will ensures your wishes are carried out after your pAn LPA grants you greater control over your personal circumstances in such situations. There are several reasons why you might require someone to make decisions on your behalf or act as your representative, including:

1. Hospitalisation: When entering a hospital, you may need assistance with essential tasks like ensuring bills are paid.
2. Long-term planning: If you have been diagnosed with dementia or face other long-term conditions, you may need to make plans for your future.

Selecting the right attorney(s) is crucial, as the role entails significant responsibility. It is essential to make informed decisions about how your attorney(s) should act and the powers you grant them, as they will be considered your public guardian. Our team of legal experts is available to guide you in the process of choosing your attorney(s) and offer their valuable assistance.

Whether you are acting as an attorney for someone else or appointing an attorney for yourself, our experienced solicitors are here to address any questions or concerns you may have regarding LPAs.

There are two distinct types of Lasting Power of Attorney (LPA): 

1. Health and Welfare LPA: This LPA grants your chosen attorney the authority to make decisions concerning your daily routine, including matters like personal care, medical treatment, moving into a care home, and life-sustaining treatments. It can only be utilised if you are unable to make such decisions independently.
2. Property and Financial Affairs LPA: With this LPA, you empower your attorney to handle financial and property-related matters on your behalf. This includes managing bank accounts, paying bills, collecting benefits or pensions, and selling property. Once registered, this type of LPA becomes effective with your consent.

It is essential to create LPAs while you still possess the mental capacity to do so. Keep in mind that your family or friends do not automatically hold legal authority to manage your affairs in case of accidents or mental incapacitation resulting from deteriorating mental health.

Without an LPA in place, your loved ones would need to initiate a court application to determine who can act as your representative, which can be both costly and time-consuming. It is crucial to note that your appointed attorneys are legally bound to act in your best interests and cannot make arbitrary decisions.

To be legally valid, both types of LPAs must be registered with the Office of the Public Guardian before they can be implemented.