A Lasting Power of Attorney (LPA) is a legal document that lets you appoint one or more persons as your attorneys to assist you in making decisions or make decisions on your behalf.

There are two types of LPA, being one for your property and financial affairs, and the other for your health and welfare.

Your LPA for property and financial affairs allows you to appoint people to assist you in managing your financial affairs, should you find things difficult to manage them on your own, either for practical reasons or due to physical or mental incapacity. This LPA can be used immediately upon registration, regardless of whether you have lost mental capacity or not and allows you or your attorneys to make decisions regarding your bank or building society accounts, investments, pension, bills and property.

Your LPA for health and welfare, however, can only be used if you lose mental capacity and are no longer able to make your own decisions. This LPA allows your attorneys to make decisions regarding where you live, the type of health care and medical treatment you receive, your daily routine and life sustaining treatment.

In registering both LPAs with the Office of The Public Guardian, you have control over who acts for you, having appointed people you know and trust to act in your best interests. Without valid LPAs in place, if you were to lose capacity then it will become necessary for someone to apply to the Court of Protection to be appointed as your ‘deputy’ and you will have no control over who is appointed. LPAs, therefore, remove the uncertainty surrounding what would happen if you lost capacity.

If you are considering putting LPAs in place or wish to discuss this in further detail, then please do not hesitate to contact our Private Client team.