A Lasting Power of Attorney (LPA) gives you peace of mind that someone you trust can step in and help if you are ever unable to make decisions for yourself.
By making an LPA, you choose one or more people to act on your behalf, known as attorneys. They can help with things such as managing your bank accounts, dealing with your property, making decisions about your care, or speaking to medical professionals about treatment. They may only need to help for a short time, or they may need to step in for longer if your circumstances change.
Common Misconceptions About LPAs
Many people think LPAs are only for older people or for those who have already been diagnosed with a condition such as dementia. Others worry that making an LPA means giving up control.
In fact, an LPA is a practical way to stay in control. It allows you to decide who would make decisions on your behalf and how they should act, should you ever be unable to make those decisions yourself.
Why Timing Matters
An LPA is only valid if you have mental capacity when you make it. You must understand what it does, what powers your attorneys will have, and make it freely, without pressure from anyone else.
There are two types of LPA: one for property and financial affairs, which covers things such as managing money and property, and one for health and welfare, which covers decisions about your care and medical treatment. Both must be put in place while you are able to understand and make your own decisions.
Once you lose the ability to make and understand decisions for yourself, it is too late to make an LPA. This can happen unexpectedly, for example following an accident or sudden illness.
Without an LPA in place, your loved ones may not be able to manage your finances or make decisions on your behalf. Instead, they may need to apply to the Court of Protection, a court that decides who can make decisions for someone who can no longer make them themselves. This process can be lengthy and expensive.
Decisions about your health and care will usually be made by healthcare professionals based on what they believe is in your best interests. However, those decisions may not always reflect your personal wishes, values or beliefs.
How an LPA helps you stay in control
Put an LPA in place early.
Ideally, your LPA will never be needed, but it will be there if something unexpected happens. It is sensible to put one in place early and review it as your circumstances change. For example, children who are too young to act as attorneys now may become suitable choices later in life. If your wishes change, you can make a new LPA to reflect those changes.
Choose people you trust to act for you.
You can appoint primary and replacement attorneys, decide how they act, and choose people you trust to follow your wishes. The most obvious choice is not always the right one. Being an attorney is a significant responsibility, not a right. It is important to appoint people who are capable of carrying out the role and acting in your best interests.
Explain your wishes and preferences.
You can include guidance or specific instructions in your LPA, or prepare a separate letter of wishes. This is a document that explains your preferences and how you would like decisions to be made on your behalf. You can do this for either type of LPA, Property and Financial Affairs or Health and Welfare, helping your attorneys understand and follow your wishes.
Register your LPA in good time.
An LPA must be registered before it can be used. Registration gives the Office of the Public Guardian, the government body responsible for LPAs, time to check that everything has been completed correctly and identify any issues that could prevent it from being used properly. If an issue is identified, it can usually be corrected and a new application submitted. It is particularly important to register a Health and Welfare LPA as soon as it has been created. If you need it following an accident or sudden illness, delays caused by the registration process could create difficulties. A Health and Welfare LPA can only be used when you are unable to make the decision yourself.
Review your LPA regularly.
As with a Will, your circumstances and relationships may change over time. It is sensible to review your LPA periodically to make sure it still reflects your wishes and the people you want to make decisions on your behalf.
If you would like to discuss making or reviewing an LPA, please get in touch and we would be happy to guide you through the options.
For bespoke advice on this or any other area of law, get in touch with the team now.
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