Lasting Powers of Attorney (LPA)
Why make LPAs?
A LPA is a legal document which allows you to appoint one or more individuals (called “Attorneys”) to deal with your affairs and make decisions on your behalf should you become unable to do so yourself. You might think that this is only relevant at the onset of old age, but an accident or illness can strike at any time.
Consideration
Consider what would happen if you had a serious accident which left you in hospital for a long time, your family would not automatically have the legal authority to deal with your affairs such as your bank details, houses or even your business. In the event that there is no LPA in place, an application would need to be made to the Court of Protection to appoint a ‘Deputy’ which would be costly and take many months.
Property & financial affairs
The first type of LPA allows your Attorneys the right to make decisions concerning your financial affairs and assets. This LPA will give your Attorneys wide powers to do the following: open, close and operate bank accounts, pay household expenses, pay residential care costs, buy, lease or sell your property.
This LPA can be used whilst you have mental capacity to make your own decisions.
Health and welfare
This LPA can only be used after you have lost mental capacity to make decisions regarding your personal welfare. It enables your Attorneys to make decisions such as deciding where you should live, make day to day decisions such as what you eat and wear, giving and refusing consent to particular health care.