Why do I need a Lasting Power of Attorney?

Posted: 02 February 2023

Lasting Powers of Attorney (LPAs) are a legal tool allowing you (Donor), to appoint someone (Attorney) to make certain decisions on your behalf, if you are unable to make decision for yourself in the future.

An LPA can assist with decision concerning your finances or your health and can ensure that the appointed Attorney(s) have the authority to make certain decisions on your behalf if you are unable to make them.

So why do you need an LPA?

Like an insurance policy, it acts like a safety net. You insure your car and home, why wouldn’t you want to ensure someone you trust will be able to make decisions for you if you are unable to do so.

There are two different types of LPA:

One for Property and Financial Affairs, and one for Health and Welfare affairs. Each type of LPA covers different decisions, you can choose to have both or just one.

A Property and Financial Affairs LPA:

Covers decision about your finances and property and can include running your bank and savings accounts, making or selling investment, paying bills, and buying or selling your house. This document also allows your Attorney to speak with Government bodies regarding benefits and can be used if you still have mental capacity. It allows your Attorney to help you if you need it, for example if you are away on holiday and a bill needs paying, or if you are unable to get to the bank etc.

A Health and Welfare LPA:

Allows your Attorney to make decisions such as the type of health care and medical treatment you receive, where you live, and day-to-day matter such as your diet and daily routine. This type of LPA can only be used once you have lost mental capacity. LPA’s must be registered with the Office of the Public Guardian before it is used.

Your Attorney must always act in your best interests and must follow a set of principles which is governed by the Mental Capacity Act 2005. If not, the Office of the Public Guardian can stop an Attorney from acting.

If you would like more information about making an LPA, we at THB Solicitors are here to help.

We can take instructions at our offices, over the telephone or video call or by way of a home visit. Call us today on 01702 298282 or 01245 493959 to arrange an appointment to discuss your LPA needs with one of our qualified, experienced Solicitors.