What is a Lasting Power of Attorney (LPA) ?

Power of Attorney (POA) is a crucial legal instrument in the UK that allows an individual (the “donor”) to grant another person (the “attorney”) the authority to make decisions on their behalf.
Lasting Power of Attorney (LPA): Put simply an LPA gives power to person A to manage person B’s affairs, should person B lose the capacity to make decisions effectively. Person B puts the LPA in place ahead of time – before they lose capacity, in order to future-safe themself against what might happen when they get older/less able.

There are two types of LPA available.

Property and Financial Affairs LPA: This allows the attorney (the person nominated to act as the proxy) to make decisions about money and property, such as managing bank accounts, paying bills, or selling property.
Health and Welfare LPA: This covers decisions about personal health and welfare, including medical treatment and living arrangements, but can only be used when the donor lacks the capacity to make these decisions themselves.

Setting Up a Power of Attorney


Creating an LPA involves completing specific forms and registering them with the Office of the Public Guardian (OPG), the LPA can’t be used until it has been registered with the Office of Public Guardian. The forms require detailed information and must be signed by the donor, the attorney(s), and a witness. These forms are available online and are quite straightforward to fill in. If you’re unsure you can get a solicitor help you – but it’s a pricier way of doing things.
Having health and finance LPAs in place ensure that if you become unable to make decisions due to illness or incapacity, someone you trust can manage your affairs. This can prevent court intervention and ensure that decisions are made in your best interest, providing peace of mind for both you and your important people.

Key Things Covered in a Health and Welfare Lasting Power of Attorney (LPA)

A Health and Welfare Lasting Power of Attorney (LPA) is a legal document in the UK that allows you (the “donor”) to appoint one or more individuals (the “attorneys”) to make decisions about your health and personal welfare if you lose the mental capacity to make those decisions yourself. Here are the key aspects typically covered in a Health and Welfare LPA:

1. Personal and Medical Care Decisions

2. Life-Sustaining Treatment

3. Consent to Medical Treatment

4. Healthcare Providers and Care Plans

5. Living Arrangements

6. Social and Leisure Activities

7. Diet and Nutrition

8. Religious and Cultural Considerations

9. End-of-Life Care

10. Appointment of Attorneys

11. Instructions and Preferences

12. Conditions and Restrictions

Conclusion

A Health and Welfare LPA is an essential document for ensuring that your health and personal care preferences are respected if you become unable to make decisions for yourself. By clearly outlining these key aspects, you can provide your attorneys with the guidance they need to act in your best interest, ensuring your well-being and dignity are maintained.

Key Things Covered in a Financial Lasting Power of Attorney (LPA)

A Financial Lasting Power of Attorney (LPA) is a legal document in the UK that allows you (the “donor”) to appoint one or more individuals (the “attorneys”) to manage your financial affairs if you lose mental capacity or if you wish them to act on your behalf even while you still have capacity. Here are the key aspects typically covered in a Financial LPA:

1. Bank Accounts and Savings

2. Bills and Expenses

3. Property and Investments

4. Pensions and Benefits

5. Tax Affairs

6. Debts and Liabilities

7. Business Interests

8. Gifts and Donations

9. Insurance and Policies

10. Legal Proceedings

11. Record Keeping and Reporting

12. Appointment of Attorneys

13. Instructions and Preferences

14. Conditions and Restrictions

Conclusion

A Financial LPA ensures that your financial affairs are managed according to your wishes if you become unable to do so yourself. By covering these key aspects, you can provide clear instructions to your attorneys, helping them manage your finances effectively and in line with your preferences.

Martin Lewis explained: “Power of Attorney is more important than a Will. A Will decides what happens to your assets if you die. Power of Attorney [decides] what happens to your assets if you lose your faculties.”

Power of Attorney is a vital tool for managing your future needs and protecting your interests. By understanding the types and processes involved, you can make informed decisions and ensure that your affairs are in trusted hands, regardless of what the future holds. You can choose to just have one of the other – health or financial – or both.


If you haven’t set up an LPA – do it now! £82 per LPA https://www.gov.uk/power-of-attorney

— Marie Curie have some wonderful planning ahead resources on their website