What is a Lasting Power of Attorney ?

A Lasting Power of Attorney, also known as an LPA, is a legal document that allows someone to make decisions for you and act on your behalf, these people are your Attorneys.  In an LPA you can appoint one or multiple Attorneys, and even have the ability to appoint replacement Attorneys should your original choice be unable to act for any reason.  It can be used both if you are able to make decisions and deal with your own affairs and if you are not able to do so.

If you have capacity to deal with your affairs but are unable for some reason, for example if you are physically unwell or unavailable for periods of time, out of the country or in hospital for example, then your Attorneys would be able to act on your behalf at your request as and when this is necessary.  Alternatively, if you were to lose capacity then your Attorneys would be able to step-in and deal with your affairs for you.

There are two types of LPA, one relates to your finances and property and the second takes care of matters relating to your health and welfare.  You are able to appoint different Attorneys for each one should you wish.  Under the Property and Finance LPA your Attorneys would be able to deal with your finances, bank accounts, bills, investments etc, even sell your home should this be necessary.  Therefore, if you became ill and lose mental capacity they could ensure that your bills are paid and that your finances are kept in order.  With a Health and Welfare LPA your Attorneys are able to liaise with medical professionals regarding your care and treatment, you can even choose to give your Attorneys the ability to accept or reject life sustaining treatment such as life support or Do Not Resuscitate Orders on your behalf should be unable to make that decision.

Without a valid Lasting Powers of Attorney, those close to you would not be able to deal with your affairs.  For example, if you were to become ill and capacity is lost then your family would not be able to access your bank accounts to pay bills, your finances would be frozen.  The only way someone could look after your affairs on your behalf without an LPA would be if they applied to the Court of Protection to be appointed to look after your finances.  However, this is both a lengthy and costly process when your family would already be dealing with your ill health and the associated emotions and stress.

For more information or to discuss putting your Lasting Powers of Attorney in place please contact our specialists on 0800 015 0340