A lasting power of attorney (LPA) is a legal document that lets someone (the ‘donor’) choose one or more trusted people (‘attorneys’) to make decisions on their behalf.
An LPA gives the donor more control over what happens to them if they have an accident or illness that means they cannot make their own decisions (they ‘lack mental capacity’).
The attorneys must always:
- act in the donor’s best interests
- follow any instructions the donor put in their LPA
- consider any preferences the donor put in their LPA
The donor can make their LPA themselves or ask someone to help them make it.
The 2 types of LPA
An LPA can be made to cover the donor’s property and financial affairs or their health and welfare.
The donor can make one or both of the LPAs. The LPAs do not have to be made at the same time.
An LPA can be made to cover the donor’s property and financial affairs or their health and welfare.
Property & Finance LPA
Imagine you are incapacitated all of your accounts are frozen (including joint accounts) until an attorney is appointed through the Court of Protection, a costly, long and drawn out process where even if your loved ones are appointed they have to provide accounts to the Court each year to say how they have spent your money, even if you are married.
Nominating people now to have access to your accounts and pay bills when you may be incapacitated means everything remains as it is, no lengthy Court processes and peace of mind it is people you trust personally to look after you and not a stranger.
Health & Welfare
Doctors, medical professionals, social services and care providers have no legal obligation to speak to anyone about your care package or medical treatment, even to your next of kin, unless they can show that they have power of attorney over your Health & Welfare and nominated by you. It has not been unknown for people to be placed in care 100’s of miles away from their own address and family and loved ones have no say as to where you receive your care. That is why it is so important that people you trust can carry out your wishes particularly if it is your wishes that you should not be resuscitated or have life sustaining treatment if you have no quality of life.
We spend thousands on life insurance and other insurances during our lifetime and yet forget our own individual needs should we be incapacitated. The odds of being incapacitated in our lifetimes are shorter than being burgled or being injured in a car crash and yet generally we think it will never happen to us.