LASTING POWER OF ATTORNEY

Loss of mental capacity in later life (possibly because of dementia conditions such as Alzheimer’s disease, or other health problems) can be frightening. But there are various legal routes people can take to prepare for such situations, for example a lasting power of attorney (LPA).

An LPA can relate to an individual’s finances or their health and welfare. It allows someone to give another person (known as his or her attorney) the right to legally deal with their affairs and make decisions on their behalf.

By creating a lasting power of attorney, you can choose who is given control over your decisions. Without one, the matter must go through the Court of Protection and the person that applies may not have been the one you would have chosen.

Enduring power of attorney (EPA) has now been abolished (although those created before October 2007 still remain valid).

Our specialist lawyers can advise you on a lasting power of attorney, so it reflects and protects your needs and interests in the future. We can also help elected attorneys fulfil their responsibilities.

What are the types of lasting power of attorney?

There are two LPAs you can complete:

  • A health and welfare lasting power of attorney, where you choose one or more people to make decisions on your behalf regarding issues such as medical care, life-sustaining treatment or whether you are moved into a care home. It can also be used to cover your day-to-day care and where you should live, as well as assessments for the provisions of community care services. It’s possible to state what type of medical treatment you do or don’t want and to have a say in your future care.
  • A property and financial affairs lasting power of attorney, where you choose one or more people to make decisions in relation to your money and property. For example, they can pay bills and taxes and collect benefits on your behalf, and they can pay school fees, receive income or inheritance, make gifts to others, and sell your house.

You can choose to have both types of LPA at the same time. It’s also possible to restrict or specify the types of decision an attorney can make, or you can decide they can make all decisions without any restrictions. There can be more than one person named to make decisions for different aspects of the LPA, or you can state that all attorneys must jointly make all decisions.

A health and welfare lasting power of attorney must be registered with the Office of the Public Guardian and can only come into force once the donor no longer has mental capacity. The powers contained in them are specific to the needs of the individual it relates to.

A financial lasting power of attorney can be used as soon as it’s registered, with your permission. The attorney must ensure they keep full financial accounts and that your money is kept separate from their own. People who own businesses can use an LPA as a vital tool in business emergencies.

Around 130,000 people per year suffer from strokes and a third of these strokes affect the under 65 age group. By 2020 there is estimated to be over 1 million people living with dementia.

When a loss of mental capacity occurs, no-one is permitted to deal with your assets, not even your spouse. Houses cannot be sold or insured, bills cannot be paid and bank accounts cannot be accessed or operated.

Example

Mr Jones was a widower and lived alone. He has 1 daughter. One day he had a stroke and went into hospital and then long term care. It was a particularly cold winter and the pipes froze and burst at Mr Jones’s home. The daughter:

  • Could not access bank accounts
  • Did not have the authority to deal with the insurer
  • Even if the insurer did deal with her, would they have paid out? The property was left unoccupied!

It is vital that these documents are in place for everyone of all ages. People insure their cars, televisions, boilers but do not insure their mental capacity!

Contact our Lasting Power of Attorney Solicitors, Alderley Edge, Cheshire

Our experienced lawyers can help you with all aspects of an LPA. Plus, we can guide and advise attorneys on their duties.

Call our specialist solicitors and lawyers now on 01625 460281 for a no-obligation consultation with one of our team. Or email info@dlssolicitors.co.uk

Call us on 01625 460281 for a no-obligation consultation with one of our team. Or email info@dlssolicitors.co.uk