Your Questions About Lasting Power of Attorney Answered

Why do I need a Lasting Power of Attorney (LPA)?

An LPA is a legal document which gives the person or people of your choice (known as Attorneys) the power to deal with your affairs. These trusted people, usually close family members, will be able to use these documents to act on your behalf whenever necessary.

What are the different types of LPA?

Property and Financial Affairs LPA - this looks after all of your property, financial assets, pensions and investments. It gives the Attorneys the ability to pay your utility bills on your behalf as well being able to use your assets to pay for your care costs as soon as it becomes necessary to do so.

Health and Welfare LPA – this covers all aspects of your healthcare and personal welfare. This can include decisions about where you live and the care you receive; also, decisions about medical treatment and life sustaining treatment in the instance where you are no longer able to make those decisions yourself.

You can choose to make one type or both.

Who can take out an LPA?

An LPA can be made by anyone aged 18 or over who has the mental capability to do so, but it can only be used once it has been registered with the Office of the Public Guardian.

Should I wait until I’m older to register an LPA?

This can be done at any age (over 18 years old). There are many things that can impact on someone’s abilities to look after their affairs - regardless of age. For example, approximately 820,000 people in this country have some form of dementia, and many others suffer from strokes, brain injuries or have mental health problems. An LPA should be considered just as essential as the importance of making a Will. The useful aspect of an LPA is that once it is in place, it is there for life and can be called upon when needed.

What happens if I do not have an LPA and lose “mental capacity”?

You can only create an LPA whilst you have full mental capacity. If there comes a time when a person lacks capacity and are no longer capable of looking after their own affairs and they haven’t completed an LPA, the Court of Protection will appoint a Deputy to manage their affairs for them. As they are not giving their authority to this application (as they lack capacity), then the process is much more complicated, long-winded and expensive. It is a common misconception that, in the absence of an LPA, your partner or a close family member can make decisions on your behalf when you are no longer able to do so; this is not the case. Therefore, it is always better to put an LPA in place rather than leaving matters to be resolved by pursuing the Deputy route.

Who can I nominate to be an Attorney?

It is important that you nominate someone you trust now to make important decisions on your behalf in the future. This must be put in place while you are still able to make decisions for yourself.

Can I have a joint LPA with my spouse/partner?

All LPAs must be made by individuals, not jointly. However, you could appoint your spouse/partner as one of your Attorneys, but there are potential issues if you divorce, or legally separate.

What happens to joint bank accounts in the absence of a LPA?

Most banks will freeze joint bank accounts if one of the account holders becomes incapable of managing their affairs unless there is a registered LPA in existence. This inevitably can cause immediate difficulties leaving your partner or family unable to pay the household bills and can lead to leaving you and your family in debt.

If you would like to ask Vanessa a question in confidence about Lasting Power of Attorney, please use the contact form below or call 01548 858806 to discuss your particular requirements.