Lasting Power of Attorney
What is Lasting Power of Attorney (LPA) ?
Lasting power of attorney (LPA) is a legal document that lets you appoint one or more people to help you make decisions, or to make decisions on your behalf. This gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions. These appointed people are called ‘Attorneys’. There are a number of reasons why you may need someone to make decisions on your behalf. It may be a temporary measure, if you're going into hospital and need help with everyday financial tasks like paying your bills. Or it may be part of long-term planning – if, for example, you've been diagnosed with dementia and want to plan ahead in case you lose mental capacity to make your own decisions in the future.
What is mental capacity? - as defined by Age UK
Having mental capacity means being able to make your own decisions and understand the consequences of those decisions. No one can make a decision on your behalf unless it can be shown that you lack mental capacity.
If you lack mental capacity for a decision, it means you're unable to do one or more of the following:
understand the information relating to the decision
weigh up that information
remember that information for long enough to make your decision
communicate your decision (whether verbally, using sign language, or by other means).
However, whether someone has mental capacity can change depending on the decision – so someone might be able to make decisions about certain things but not others. Others might be able to make a decision at a certain time, but unable to make the same decision at another time. This is why anyone considering whether you have mental capacity needs to consider your ability to make and communicate a specific decision at the time it needs to be made.
You should be given as much help as possible to make and communicate a decision before anyone judges that you lack mental capacity.
Taking time to weigh up or communicate a decision shouldn't be mistaken for a lack of mental capacity. Nor should having a certain condition, such as dementia. For example, someone may still have capacity to make certain decisions for some time following a diagnosis.
There are two types of LPAs:
Health and Welfare LPA
This gives someone the power to make decisions about things like: your daily routine (for example washing, dressing, eating), medical care, moving into a care home, life-sustaining treatment.
It can only be used when you’re unable to make your own decisions.
Property and financial affairs LPA
This gives someone the power to make decisions about money and property for you, for example: managing a bank or building society account, paying bills, collecting benefits or a pension, etc
This can be used as soon as it's registered, with your permission.
Did you know? - Most people presume that their spouse or civil partner would automatically be able to make decisions about their finances or health / care if it becomes necessary. But without an LPA, they wouldn’t have that authority.
How do I set up a Lasting Power of Attorney?
Contact Bank Solicitors - Our experienced LPA team can guide you through every step of the process.
We can prevent problems later on – especially if you're unsure of the process or your affairs are complex. The reassurance of having professional advice is priceless.
Get in Touch
If you need expert legal assistance, contact Bank Solicitors today.
Our LPA solicitors are ready to provide the support and guidance you need:
Redditch Office: 01527 892949
Bromsgrove Office: 01527 314949
Our area of legal expertise:
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