A lasting power of attorney is a legal document. It allows you
to choose someone now (‘your attorney’) that you trust to make
decisions on your behalf on issues such as your property and
financial affairs or health and welfare when you no
longer wish to or are able to make those decisions for yourself at
a time in the future.
Once made, a lasting power of attorney must be registered with
the Office of the Public Guardian before it can be used.
There are specific procedures that must be followed to register the
document. Our team can guide your through the process of making and
registering a lasting power of attorney.
There are two different types of LPA.
Property and financial affairs LPA
A property and financial affairs LPA allows you to appoint a
person (or more than one) to make decisions on your behalf
regarding your property and finances in the future. Your appointed
property and financial affairs attorney can manage your property
and finances even whilst you still have mental capacity as well as
when you lack capacity.
For example, it may be easier for you to give someone the power
to carry out tasks such as paying your bills, collecting your
benefits or dealing with your bank or building society on your
behalf. This might be easier for lots of reasons; you may have
mobility issues or have difficulties using the telephone, or you
might spend a lot of time abroad. We can advise you on suitable
restrictions and guidance to ensure your wishes are followed.
Health and welfare LPA
A health and welfare LPA allows you to plan ahead by
appointing a person (or more than one) to make decisions on your
behalf regarding your personal healthcare and welfare. Health
and welfare decisions can only be made by somebody else should
you lack the capacity to make them for yourself. For example, if
you are unconscious or through the onset of dementia.
You can decide to give your appointed person (attorney) the
power to make decisions about any or all of your personal welfare
and healthcare matters. This could involve significant decisions,
for example:
- Giving or refusing consent to particular types of healthcare,
including medical treatment; or
- Deciding to live in your own home, perhaps with support from
social services, or whether residential care would be more
appropriate.
You can also give your attorney(s) the power to make decisions
about day-to-day aspects of your personal welfare, such as your
diet, your dress, or your daily routine. It is up to you which of
these decisions you want to allow your attorney(s) to make and you
can give guidance to your attorney(s) to assist them in the future
and/or place restrictions on the kinds of decision that they can
make.
We can guide you through the process so that your requirements
and wishes are adhered to and your attorney(s) have the powers they
need to assist you in the event that you lose capacity.