Lasting Powers of Attorney: Why They Matter
From the Wills and Probate Team at Phillips Solicitors
An LPA is a legal document that enables you to give people you trust (‘attorney(s)’) authority to make decisions on your behalf, at a time when you may not be able to make decisions for yourself. It is an important part of planning for the future.
Why LPAs are useful
Without an LPA, family members do not have automatic authority to manage finances or make decisions for you. This can cause difficulty when help is required urgently.
Any adult can make an LPA, as long as they have mental capacity.
An LPA can be made at any time, but many people choose to leave making one until they get older but this is not necessarily the right decision as we do not know what is going to happen and it can often be left too late. The best time will depend on your personal circumstances, including your health and dependants.
Once you have lost mental capacity, it will be too late. As loss of mental capacity is not always predictable, it is important to take steps to make your LPA sooner rather than later.
The two types of LPA
There are two types of LPAs: one for property and financial affairs and one for health and welfare.
A Property and Financial Affairs LPA deals with money and property. A Health and Welfare LPA deals with care, medical treatment, and welfare decisions. People often choose to make both while they are considering these issues.
Choosing attorneys
Your attorneys can be anyone you want, provided they are an adult and agree to be your attorney, as they will have to sign your LPA.
You should choose someone who you trust, who is a good decision maker and will make the sorts of decisions you would want. They must be trustworthy and reliable.
You can choose to have a single attorney or multiple attorneys. If you appoint more than one attorney, you will be required to set out how your attorneys are to make decisions. This could be jointly (i.e. always together) or jointly and severally (either together or independently) or jointly for some decisions and severally for others.
If you appoint multiple attorneys, it is important that they all get along as it might be difficult for them to agree on decisions.
You can appoint replacement attorneys in the event any of your primary attorneys are unable to act.
Planning ahead
LPAs must be made while you have mental capacity.
If you do not have an LPA and lose mental capacity, someone will need to make an application to the Court of Protection to be appointed as a deputy to act on your behalf. The Court decides who to appoint and what their powers should be. Obtaining a deputyship is considerably more expensive and time consuming than making an LPA.
It is rare for the Court to appoint a health and welfare deputy and even where they do, they do not have the same sort of powers as a health and welfare attorney.
A Lasting Power of Attorney must be registered with the Office of the Public Guardian for it to be valid.
Making LPAs now can save your loved ones a lot of time, money, and difficulty in the future.
How Phillips Solicitors Can Help
Our Wills & Probate team can explain the options, prepare relevant documents, and guide you through the practical steps in clear terms. We aim to make the process understandable and proportionate, whether you need a new will, probate assistance, LPA advice, or support with a Court of Protection application.
Contact us
If you would like advice about making a Lasting Power of Attorney, contact our Wills & Probate team to arrange an appointment.
You can contact us online or call 01623 658556 (option 4).
This article is general information only and is not legal advice on any individual case. The correct advice will depend on the facts, documents, family circumstances, and capacity position.