What is a Lasting Power of Attorney?

People of all ages are becoming increasingly aware of facing the possibility that in the future, they could become unable to make decisions for themselves due to mental incapacity, whether brought on by a sudden accident, illness or advancing age.

A lasting power of attorney (LPA) is a legal document that allows someone you trust to make decisions on your behalf and in your best interests. LPAs give you more control over what happens to you if you lack the ‘mental capacity’ to make decisions for yourself or you want someone to make certain decisions for you.

There are two types of LPAs: one covers property and financial decisions and the other deals with decisions about your health and welfare. ‘Mental capacity’ means the ability to make a decision at the time it needs to be made. People can lose mental capacity because of a condition such as dementia or a learning disability.

Think about what would happen if you had a serious accident or a stroke or developed dementia or a mental illness. You might lose the ability to make some, or all, decisions. Making an LPA will help you to prepare in case this happens.

Which kind of LPA?

Under a property and financial affairs LPA, you appoint an attorney or attorneys to take responsibility for such things as:

•  paying your bills
•  collecting your income and benefits
•  providing for dependents

You needn’t have lost mental capacity to use this kind of LPA; your attorneys can start acting for you straight away if you wish them to. That might be useful if you want someone to manage your finances while you’re in hospital or abroad for a period of time.

A health and welfare LPA covers decisions such as:

•  where you live
•  what you wear
•  your medical care
•  whether to refuse life-sustaining treatment for you

Unlike a property and financial affairs LPA, your attorneys can use a health and welfare LPA only when you no longer have mental capacity to make decisions for yourself. For both types of LPAs, you can decide the things your attorneys can and can’t make decisions about.

For further information and pricing, please visit https://lpakent.co.uk/