A Lasting Power of Attorney (LPA) is a legal document that enables you (the donor) to appoint one or more people (the attorneys) to help you make decisions or to make decisions on your behalf.
You are able to make an LPA if you are over 18 and have mental capacity at the time of preparing the LPA.
There are two types of LPA:
- health and welfare; and
- property and financial affairs
Property and financial affairs LPAs can be used immediately upon registration.
A health and welfare LPA only comes into effect if you lose capacity and are no longer able to make your own decisions, possibly after an accident or should you develop an illness. An LPA can be cancelled at any time.
You can choose to only make one type or both. You may choose a health and welfare LPA to enable your attorney(s) to make decisions regarding things such as your daily routine, medical care, where you will reside and life sustaining treatment. Examples would include whether you want to move to a care home or not and whether you have any specific dietary needs or religious beliefs.
A property and financial affairs LPA may be relevant if you want your deputy to make decisions about or take actions in relation to your money and property. This might include managing your bank accounts, paying bills, collecting benefits or selling your home.
Forms can be downloaded from the internet and can be completed yourself, however they can often be confusing. The team at Abbotstone Law are specialists and are well placed to guide you through this process.
If you need the power to make a decision or decisions on behalf of someone without an LPA who has already lost capacity, this may still be possible by applying to the Court of Protection to be appointed that person’s ‘deputy’. This is also something we can help with.