What is a lasting Power of attorney?

A lasting power of attorney is a legal document that you (the Donor) makes. It allows you to choose someone now (the Attorney) that you trust to make decisions on your behalf about things such as your property, money, health and welfare at a time in the future when you no longer wish to make those decisions or you lack mental capacity to make decisions for yourself.

A lasting power of attorney can only be used once it is registered with the Office of Public Guardian (OPG). www.publicguardian.gov.uk

The types of LPA

There are two types:

• Health & Welfare
• Property & Affairs

Who can make a LPA

Any one over the age of 18 who has the capacity to understand and retain information and does not lack mental capacity.

Property & Affairs LPA

This allows you to plan ahead now and appoint someone you trust to manage your property and affairs for either when you lack capacity or still have the capacity but just need a little help making certain decisions. This may be paying bills, collecting benefits, filling out forms, selling your property or assets.

The person acting as your attorney must act in your best interest at all times when the LPA is registered.

Health & Welfare LPA

This allows someone to make decisions about your health and welfare on your behalf. This person can only do so when the LPA is registered.

They may be involved in some significant decisions such as giving or refusing life sustaining treatment, or whether you live in your own home, perhaps with support from social services, or whether residential care would be more appropriate.

You can also give your Attorney the power to make decisions about your day to day personal welfare such as your diet, your dress or your daily routine.

It is up to you which decisions you allow your Attorney's to make.

Why make one now?

Quite simply life is so unpredictable in the world today, it is not just for the elderly. Anyone at any age can have a Stroke, Mental Breakdown or life changing Accident that may prevent them from looking after their own affairs.

The British Banking Association have the rights to freeze any joint asset when they deem that one of the parties with a joint asset lacks mental capacity. This can mean your entire bank account will not be able to be used to live on.

A Deputy can be appointed by the court of protection when it is deemed someone lacks capacity. The downsides to this are the costs, which can be very expensive.

Act now sort out your Lasting Power of attorney, you never know when you may need it.