Lasting Powers of Attorney (LPAs) are an essential legal document that allows individuals to appoint someone to make decisions on their behalf should they lose mental capacity or become unable to make them themselves. Here, we will explore the different types of LPAs available, the circumstances in which they are used, and the benefits of having LPAs in place.
Types of LPA
There are two types of LPA:
- Property and Financial Affairs LPA: This LPA allows your appointed attorney to manage your finances, such as paying bills, managing investments, and signing legal documents on your behalf.
- Health and Welfare LPA: This LPA allows your appointed attorney to make decisions about your healthcare, medical treatment, daily routine, and personal welfare matters such as where you live and how you spend your time.
When and How to Use LPAs
LPAs can be used whenever an individual loses mental capacity or becomes unable to make decisions for themselves. This can be due to illnesses such as dementia, strokes, or severe head injuries. LPAs can also be used by those who wish to appoint a trusted person to make decisions on their behalf while they are still able to make their own decisions.
LPAs come into effect when two independent doctors or solicitors certify that the person has lost mental capacity or is not able to make certain types of decisions. Once the LPA is activated, the appointed attorney has the authority to make decisions on behalf of the incapacitated person.
An LPA must be written and signed prior to capacity loss, whilst an individual has full autonomy over their actions.
Having LPAs in place offers several benefits, first and foremost being peace of mind. Knowing that you have appointed someone you trust to make decisions on your behalf can provide peace of mind, knowing that your wishes will be respected even if you are not able to express them yourself.
With degenerative diseases such as Alzheimer’s on the rise, having an LPA has become an essential legal step in later life planning.
Having LPAs in place offers several benefits, first and foremost being peace of mind. Knowing that you have appointed someone you trust to make decisions on your behalf can provide peace of mind, knowing that your wishes will be respected even if you are not able to express them yourself.
The absence of an LPA would likely mean an extensive and costly legal process to have an attorney(s) appointed by the Office of the Public Guardian. This could leave your loved ones without access to your accounts and unable to make important decisions regarding your health and care.
Get in touch with our expert team.
Lasting Powers of Attorney are a valuable tool for safeguarding your legal rights and ensuring your affairs are managed in a way that aligns with your wishes. Whether you are looking to appoint a trusted person to make decisions on your behalf or preparing for potential incapacity, LPAs offer a practical and cost-effective solution.
For professional advice and assistance with LPAs, contact Jill Waddington at O’Donnell Solicitors. Jill and her experienced Private Client team can help you navigate the process and ensure that your LPAs are tailored to meet your needs.
