Property & Financial
Lasting Powers of Attorney
Health & Welfare
OVERVIEW
Most people think about writing a Will or planning for retirement.
But what happens if you lost the ability to make decisions for yourself? That’s where a Lasting Power of Attorney (LPA) becomes essential.
An LPA is a legal document that allows an individual or people you trust to make decisions on your behalf if you’re no longer able to. To put one in place, you must have mental capacity at the time.
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Ready to put an LPA in place?
Speak to our team about setting up a Lasting Power of Attorney that’s tailored to your wishes.
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Full Detail
Types of LPA
There are two types of LPAs:
Health and Welfare LPA
This covers decisions about your health and personal welfare, including:
- Medical treatment
- Where you live
- Day-to-day care
- Life-sustaining treatment
This LPA can only be used if you lose mental capacity.
Property and Financial Affairs LPA
This covers financial matters such as:
- Managing bank accounts
- Paying bills
- Collecting pensions or benefits
- Selling property
This can be used with your permission while you still have capacity, or if you lose it, you decide how it works.
You can tailor the LPA to fit your specific needs and circumstances, providing a personalised approach to managing your affairs.
Why an LPA matters
Without an LPA, no one has the legal authority to make decisions for you, not even your spouse or children.
If you lose mental capacity without and LPA in place, your loved ones would need to apply to the Court of Protection for a deputyship order. This can be a lengthy, expensive and stressful process.
Having an LPA:
- Gives you control over who makes decisions for you
- Reduces stress and delays for your family
- Ensures your wishes are followed
- Helps avoid financial and practical complications
You can appoint more than one attorney.
Your attorney could be anyone
- over the age of 18
- a relative
- friend
- a professional (e.g a solicitor)
- a spouse, partner or civil partner.
You can not choose
- someone under 18
- someone who lacks mental capacity
- someone who has declared bankruptcy
- An attorney who is declared bankrupt after the LPA is registered will not be able to act
An LPA must be properly completed, signed and witnessed, with confirmation that you have mental capacity. Mistakes can cause delays or make the document invalid, so it’s important to get it right.
It’s also worth remembering that being married or in a civil partnership does not automatically give your partner the authority to manage your affairs.
When should you set one up?
Many people think LPAs are only for later in life, but loss of capacity can happen at any time due to illness or accident. It’s best to put an LPA in place:
- While you have full mental capacity
- As part of your wider planning
- Before any health concerns arise
Think of it as something you hope you’ll never need—but will be glad to have if you do.
How we can help
We’ll take the time to understand your circumstances, explain your options and make sure your Lasting Power of Attorney is prepared correctly and reflects your wishes.
Get in Touch
Ready to put an LPA in place?
Speak to our team about setting up a Lasting Power of Attorney that’s tailored to your wishes.
