Appointing a lasting power of attorney will ensure you’re always protected.
Although it may not feel nice to think about, preparing for potential future incapacity is a wise and proactive step. Our solicitors help you create comprehensive powers of attorney that protect your interests, ensuring your financial and health decisions are managed according to your specific wishes.
FAQs
In short, a lasting power of attorney (LPA) is a document that allows someone you have appointed to make important decisions on your behalf when you lack the mental capacity, for example, if you have developed dementia.
For a lasting power of attorney to be valid, you must have mental capacity when making the power of attorney.
Lasting powers of attorney can be split into two forms, which are:
1. Health and welfare
Health and welfare LPAs delegate decisions about:
2. Financial affairs
Financial affair LPAs delegate decisions about:
You can appoint an LPA to make decisions on your behalf regarding both health and welfare and financial affairs.
The main benefit of appointing a lasting power of attorney is it gives you peace of mind that your health, wellbeing and financial affairs are all looked after by someone you trust if you were to lose mental capacity.
A lasting power of attorney allows you to determine:
To get a lasting power of attorney, you will need to follow the following three stages:
1. Choose your attorney. You can appoint more than one lasting power of attorney.
2. Complete the relevant forms. The relevant forms you need to complete depends on whether you want to appoint a lasting power of attorney for health/ welfare or finance or health/ welfare and finance.
3. Register your lasting power of attorney with the Office of the Public Guardian. To register your power attorney there’s a cost of £82 per lasting power of attorney appointed.
When appointing a lasting power of attorney, you must complete each of the above stages correctly.
Lasting powers of attorney is a protective measure that can only be put in place when you still have mental capacity. Therefore, if a loved one has lost mental capacity, and they haven’t appointed a lasting power of attorney, you can apply to become a ‘deputy’. A deputy is a person appointed by the Court of Protection to be legally responsible for someone who lacks the capacity to make decisions for themselves where there is no lasting power of attorney.
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