There are a number of reasons why, one day, you might need someone to make decisions on your behalf. This could be a temporary arrangement, such as if you’re going into hospital for treatment and need someone to handle everyday things like maintaining your home or paying your bills. It could also be a more long-term decision for your future – say, for example, you’ve been diagnosed with dementia and are anxious about losing the mental capacity to make your own decisions.
A Lasting Power of Attorney (LPA) is a document that you can have drawn up to ensure a trusted person can make decisions on your behalf.
A LPA allows you to appoint someone you trust to handle your affairs, which include financial decisions, and health or welfare decisions. This gives you peace of mind and makes your wishes are respected and carried out.
Why Is A Lasting Power Of Attorney Important?
- Planning for your future
An LPA allows you to plan for the possibility of accident, illness or advanced age making you unable to make your own decisions.
- Appointing trusted individuals:
While you are still of sound mind, you can choose a person or people you trust to act as your attorneys and make sure they are aligned with your personal values and wishes.
- Protecting your property and assets:
A LPA that covers your property and financial affairs lets your appointed attorney manage bank accounts, investments and assets on your behalf.
- Avoiding legal complications:
Not having a LPA in place if you lose mental capacity means that your family might have to apply to the courts to be able to have control of your finances, which could be a very costly and complex process.
Different Types of Lasting Powers Of Attorney
There are two types of LPA: one for making financial decisions and another for making health and welfare decisions. You can set up LPAs for both types of decisions.
An LPA for health and care decisions can only be used if you lose mental capacity. An LPA for financial decisions can also be used, with your permission, while you still have mental capacity – but you need to choose this option when setting up the LPA.
You can only create an LPA if you have mental capacity to do so and you haven’t been put under any pressure to set it up.
An LPA isn’t necessarily permanent. You can cancel it at any time while you have mental capacity by sending the original LPA document and a ‘deed of revocation’ to the Office of the Public Guardian.
If you create a property and financial affairs LPA, your appointed attorney can make decisions about things like:
- selling your house
- paying your mortgage and bills
- arranging repairs to your house.
If you create a health and welfare LPA, your appointed attorney can make decisions about things like:
- medical treatments
- your care and support
- where you live
- who you talk to and have contact with
- what kind of activities you take part in.
Unlike an LPA for financial decisions, your attorney can only use this LPA if you no longer have mental capacity.
What Does “Mental Capacity” Mean?
Having mental capacity means being able to make your own decisions and understand the consequences of those decisions. If you have mental capacity, you have the right to make your own decisions. No one should make decisions on your behalf without your permission.
If you lack mental capacity, it means you’re unable to do one or more of the following:
- understand information relating to a decision
- weighing up the consequences of a decision
- remembering information long enough to make a decision
- communicating your decision effectively
How Do You Obtain a Lasting Power Of Attorney?
The first step is choosing your attorney(s), which is one or more people you trust to make decisions on your behalf and fill in the relevant forms. A certificate provider (a suitable adult) must also sign the form after witnessing you and the attorney sign.
Once the forms are completed and signed by all parties, the LPA must be registered with the Office of the Public Guardian (OPG). The registration normally takes 8-10 weeks.
Brighton Wills is a family-owned business. Jane and Mark will talk you through the ins and outs of planning your LPA for YOUR family. Call today!
