Lasting power of attorney
What is Lasting power of attorney?
A Lasting Power of Attorney is a legal document that allows you to appoint trusted people to make decisions on your behalf if you are unable to yourself, such as if you have lost mental capacity due to illness, injury or other reasons.
Why do I need Lasting power of attorney?
By having LPAs for both Property and Finance and Health and Welfare set up you know any future decisions about you will be carried out as per your wishes.
What happens without Lasting power of attorney?
Without a LPA your future decisions will be made by a Deputy who has been decided by the Court of Protection and this may not be somebody you would have chosen yourself.
Your preferred welfare and financial decisions may not be carried out as you would wish, i.e. the standard of any care provided to you may not meet your requirements and your money may not be spent as you wish.
FAQs
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There are two types:
A Lasting Power of Attorney for Health & Welfare, covers decisions on health and welfare issues, including medical care you receive, where you live and the decisions you give your attorneys on life sustaining treatment.
A Lasting Power of Attorney for Property & Financial Affairs, covers decisions on your property and financial affairs including, your savings, investments, selling your property and dealing with financial organisations with regards to paying bills, etc.
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Choosing an attorney is an important decision. It must be someone you can trust to always act in your best interests and wherever possible, allow you to make decisions yourself.
You can appoint more than one attorney, if you do you will need to decide whether the attorneys act together in all decisions, if they can act independently of each other, or together on some decisions and independently on others. The best way forwards depends on your individual circumstances and preferences.
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It is not something most of us would choose to think about, but any of us could, at any time, have an illness or accident that would leave us incapable of managing our affairs.
In the absence of a LPA the Court of Protection would appoint a Deputy
who has been decided by the Court of Protection and this may not be somebody you would have chosen yourself. Your preferred welfare and financial decisions may not be carried out as you would wish.
Appointing a Deputy is also a much more time consuming and expensive process than preparing an LPA. The Court application fee alone is £400 and it can take up to six months or more for the Deputyship Order to be issued.
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You can make an LPA at any time, after the age of 18. Having an LPA in place will help ensure your wishes are followed, following registration of the LPA with the Office of the Public Guardian, which usually takes between 8-10 weeks.
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The LPA will end on your death. The attorney will then no longer have powers to make decisions on your behalf. Your estate will then be administered according to the wishes set out in your Will, or under the rules of intestacy if you do not have a Will.
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It is important to know that your attorney will not have free rein over your personal affairs without your authority. Attorneys have to comply with the Mental Capacity Act 2005 Code of Practice. The Court of Protection and Office of the Public Guardian have ultimate oversight on any activity that your attorney is carrying out on your behalf.
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Yes, you can complete your own Lasting Power of Attorney if you choose.
While it could seem to be an easier and cheaper option, professional organisations such as the Institute of Professional Willwriters and STEP have raised concerns about taking a DIY approach to setting up such a powerful legal document. Unfortunately there are many examples in recent years of elderly abuse resulting from LPAs that were not properly written.
It is important to know that once an LPA is registered you can’t change it but can revoke it. Therefore, it is important to get it right. If you are considering setting up an LPA, we strongly recommend getting expert advice.
