Lasting Power of Attorney

Protection for your future

A Lasting Power of Attorney (LPA) is a legal document that allows you appoint someone to make decisions on your behalf. It can be used in the future should you be unable to make your own decisions as you no longer have the mental capacity to do so or you choose not to do so.

These decisions can be relating to property, finance or health and welfare. Anyone who wishes to make a LPA must have the mental capacity to do so when it is made. A LPA only becomes valid once it is registered with the Office of the Public Guardian.

What is the definition of lacking mental capacity?

In terms of Lasting Power of Attorney, someone who lacks mental capacity cannot:

  • Understand and retain information given to them long enough to be able to make a decision
  • Weigh up information given to them to be able to make a decision
  • Communicate their decision in any way (by talking, using sign language or even simply blinking an eye or squeezing a hand)

One or more of these mean that a person lacks mental capacity.

While you have the mental capacity to do so, you may have a Lasting Power of Attorney drawn up. Having a LPA puts you in control, until decisions need to be made on your behalf.

Health and Welfare Lasting Power of Attorney

This allows you to choose one or more attorney(s) to make decisions on your behalf regarding your health and welfare.

The attorney(s) you appoint can only start making the decisions when:

  • You lack the mental capacity to make decisions
  • The LPA has been registered

You can give your attorney(s) the power to make decisions about any aspect of your health and welfare. This could include making decisions regarding your medical treatment, health care or where you live. You might also want to give your attorney(s) the power to make decisions regarding your daily welfare too, this could include dietary requirements or your daily routine.

A Health and Welfare Lasting Power of Attorney does not allow your attorney(s) to make decisions about your property and financial affairs.‍

Property and Financial Affairs Lasting Power of Attorney

This allows you to choose one or more attorney(s) to make decisions on your behalf regarding your property and financial affairs.
Once your LPA has been registered with the Office of the Public Guardian your attorney(s) can make decisions for you whilst you still have the capacity to do so, as well as when you lack mental capacity. In some circumstances, it may be easier for you to allow your attorney(s) to deal with the financial affairs, this could be because:

  • You are not mobile
  • You struggle to hear whilst on the telephone

The decisions your attorney(s) could make for you could be regarding the sale of your property or paying your bills.

A Property and Financial Lasting Power of Attorney does not allow your attorney(s) to make decisions about your health and welfare.

By speaking to one of our expert Will Writers we can take away the stress and worry by completing this complex legal document on your behalf and registering with the Office of the Public Guardian, giving you peace of mind for the rest of your days.