Lasting Power Of Attorney

Lasting Power of Attorney (LPA)

Have you ever considered what would happen to your financial affairs if you had an accident or became seriously ill?

Everyday tasks involving managing your accounts, paying your bills and maintaining your property would become very difficult, if not impossible. Making a Lasting Power of Attorney (LPA) will ensure that the person(s) you trust are able to manage your affairs and make decisions on your behalf should you become unable to do so yourself. You can only make an LPA whilst you have capacity to understand the nature and scope of the document. You must choose a person to certify within the LPA document that you have the capacity to make the LPA. This can be a solicitor. What is a Lasting Power of Attorney (LPA)?

A LPA is a legal document which enables you to plan ahead and set out in advance what you would like to happen should you become incapable of managing your affairs in the future. You appoint one of more Attorneys who will be able to make decisions on your behalf. He, she or they must consider your best interests when making a decision on your behalf. Types of LPAs There are two types of LPA: (1) Property & Financial Affairs LPA – This gives your attorney the authority to deal with your property and finances as you specify. (2) Health & Welfare LPA – This allows your attorney to make health and care decisions on your behalf, only when you lack mental capacity to do so yourself. If you wish, this could also extend to giving or refusing consent to the continuation of life sustaining treatment.

Appointing Attorneys It is important that you take care who you appoint as your Attorneys. They should be someone trustworthy who has appropriate skills to make proposed decisions. There are different ways you can ask your attorneys to act that are appropriate for you. You may also choose to appoint a successor to your attorney if he, she or they die or otherwise cannot act for you. Your solicitor shall be able to advise you further.

When can the Attorney act? The attorney(s) will only be able to act when the LPA has been signed by you and your attorney(s) and certified by a person that you have the capacity to make the LPA and have not been unduly pressured into making the document. It must then be registered with the Office of the Public Guardian before it can be used. Existing Enduring Powers of Attorney (EPA) Any valid EPA made before 1st October 2007 can still be used but only in respect to your property and financial affairs. If you wish to give authority over your health or welfare, you will need to make a Health & Welfare LPA.

Consequences of not making an LPA or EPA? If you lose capacity and have not made an LPA or EPA, then it may become necessary for a relative or friend to apply to the Court of Protection for the Court to decide whether or not to appoint him or her to make decisions on your behalf. Although the Court endeavours to appoint somebody who would act in your best interests, you could potentially have somebody managing your affairs who you would not have chosen had you had capacity. It could even be someone you do not know and not necessarily a family member.

Furthermore, an application to Court is very time consuming and costly. It may be months before somebody is able to access your finances. This can be a very stressful time for your friends/relatives who may end up spending their own money trying to pay your bills while waiting for a Court Order. To avoid this, we suggest that you put in place an LPA as soon as you can.