What decisions can a Lasting Power of Attorney make?

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint trusted people – known as attorneys – to make decisions on your behalf should you lose the mental capacity to do so in the future.

An LPA must be created while you still have the mental capacity to make your own choices.

Without an LPA, if you lose mental capacity, bank accounts cannot be accessed, and family members may be unable to make decisions about medical care on your behalf. In these cases, family members may have to apply to the Court of Protection, which can be a lengthy, expensive process.

There are two types of LPA, and you can make the decision to make one or both.

Property and financial affairs

A property and finance LPA gives the person you appoint the right to make decisions on your behalf about money and property.

This type of LPA can be used as soon as it is registered with the Office of the Public Guardian.

You can decide if your appointed attorney should take over before or only after you lose mental capacity.

A property and finance LPA can include making decisions on:

• Buying or selling property
• Paying bills, including mortgage or care fees
• Claiming benefits, income, inheritance or other entitlement on your behalf
• Opening or closing bank accounts
• Dealing with tax affairs
• Applying for entitlement funding for NHS care, social care or property adaptations
• Investing money
• Buying a vehicle or equipment you need

Personal welfare

This LPA can only be used once you no longer have mental capacity and can cover:

• Where you live,
• Your medical care and/or treatment
• Who you should have contact with
• Whether you should have life-sustaining treatment if you become seriously ill

You have the ability to restrict or specify the type of decisions your attorney can make on your behalf.

An LPA can deal with temporary decisions like paying your bills or where you live in the future, but for any complicated financial matters, a finance and property LPA is needed.

How we can help

An LPA is an excellent way to ensure that you are looked after financially and medically by someone you trust in the event of a loss of mental capacity.

Choosing the right LPA plan for you is imperative to ensure your wishes are honoured, our talented team of solicitors are here to help you set up an LPA that fits your needs.

Get in touch today for advice on what decisions your LPA can make.

Author

Sabreena Grewal

Solicitor