While no one wants to think about what would happen if they lost capacity to make decisions for themselves, the reality is that many people find themselves in that situation every day.
Whether it’s through progressive conditions such as dementia or accidents that result in comas, there are many situations where someone will need a trusted person to make important decisions on their behalf.
This is where Lasting Powers of Attorney (LPAs) come in.
Lasting Powers of Attorney
A Lasting Power of Attorney (LPA) enables you to nominate someone you trust to make important financial and welfare decisions on your behalf if you lose your mental capacity.
There are two forms of LPAs available:
- Health and Welfare – These LPAs allow the attorney(s) to make medical and welfare decisions for you.
- Property and Financial Affairs – These LPAs enable the attorney(s) to make decisions relating to your assets and your finances.
The attorney(s) should be someone you trust as they must follow certain principles and act always in your best interests.
An LPA can be signed at any time while you have mental capacity; however, it can only be used by the attorney once it is registered with the Office of the Public Guardian.
We can advise on the creation and registration of both types of LPA.
Who needs an LPA?
While an LPA might seem like something that only older people need to give serious thought to, the reality is that anyone at any age could fall victim to an accident or illness that takes away their capacity to make decisions for themselves.
Anyone could be in a position where they need someone to make crucial medical decisions on their behalf.
Similarly, anyone with assets or dependents could be in the position where they need someone to make decisions for them.
Can’t my spouse, civil partner or next of kin make these decisions anyway?
While your closest relatives will be informed if you are in hospital, they cannot give consent to treatment or medical procedures on your behalf. They also cannot consent to withdrawing treatment.
Similarly, financial institutions will refuse to deal with anyone other than the account holder, joint account holder or an appointed attorney.
Additionally, some joint accounts can require both or all the account holders to sign for any changes, potentially locking a spouse or partner out of the household income.
Who can I appoint as an attorney?
Anyone over 18 who has capacity can be appointed as an attorney. You can also appoint professionals, such as lawyers or financial advisers, as attorneys.
You can have more than one attorney for each LPA and you don’t need to have the same attorney(s) for both.
You can also have reserve attorneys who can act if your nominated attorney(s) cannot act on your behalf.
What happens if I lose my capacity without an LPA in place?
If you lose mental capacity and you don’t have LPAs in place, your loved ones will have no say over medical decisions or access to your finances unless they are appointed as Deputies by the Court of Protection.
Applying to become Deputies is a very time-consuming and expensive process.
You would also have no say over the person making decisions on your behalf and they might not be someone you would choose or even trust to put in that position.
Preparing LPAs with Palmers Solicitors
At Palmers Solicitors, we can help you set up LPAs that meet your needs and provide vital protection to you and your family should you lose mental capacity.
As with a Will, you should review your LPA after any significant life event and every two years or so in any event.
Doing this will allow you to make sure that the people you have appointed as attorneys are still appropriate and in a position to act should they need to.
To find out more about setting up Lasting Powers of Attorney, contact our Wills and Probate solicitors today.