None of us knows what the future will bring. A Lasting Power of Attorney, often known as an LPA, lets you choose someone you trust to make decisions on your behalf if there comes a time when you are unable to make those decisions yourself.
Putting an LPA in place while you are fit and well can make things much easier for you and your family later on. It gives you control over who will act for you and allows you to set out how you would like important decisions to be made.
At Fonseca Law, we can guide you through the process, explain the choices available and prepare and register your Lasting Power of Attorney for you.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document in which you appoint one or more people, known as attorneys, to make decisions on your behalf.
You must be aged 18 or over and have the mental capacity to make your own decisions when the LPA is created.
There are two different types of Lasting Power of Attorney and you can choose to make either one or both.
Property and financial affairs
A Property and Financial Affairs LPA allows your attorneys to help manage your money and property.
Depending on the authority you give them, this can include:
Managing your bank and building society accounts
Paying bills
Collecting benefits or pensions
Managing savings and investments
Dealing with tax and other financial matters
Buying or selling property on your behalf
Unlike a Health and Welfare LPA, a Property and Financial Affairs LPA can potentially be used while you still have mental capacity, provided the LPA allows it and you have given your permission.
This can be useful if, for example, illness, mobility problems or time spent in hospital make it difficult for you to manage your financial affairs yourself.
Health and welfare
A Health and Welfare LPA allows your attorneys to make decisions about your personal welfare if you become unable to make those decisions yourself.
This can include decisions about:
Your medical treatment and care
Where you should live
Moving into a care home
Your daily routine and personal care
Life-sustaining treatment, if you specifically give your attorneys that authority
A Health and Welfare LPA can only be used when you no longer have the mental capacity to make the particular decision yourself.
Who should I appoint as my attorney?
Choosing the right attorney is one of the most important parts of making an LPA.
Your attorney could be your spouse or partner, an adult child, another relative, a close friend or, in some circumstances, a professional.
The important thing is that they are someone you trust to act in your best interests and take their responsibilities seriously.
You can appoint more than one attorney and decide whether they must make decisions together or whether they can also act independently. You can also appoint replacement attorneys in case somebody you originally choose is unable to act in the future.
We can talk you through the different options and help you decide on an arrangement that works for your circumstances.
Why make an LPA now?
Many people assume that their husband, wife, partner or children would automatically be able to deal with their finances or make decisions about their care if they became unable to do so.
That isn't necessarily the case.
Without an appropriate Power of Attorney in place, your family may have to make an application to the Court of Protection before they can manage your affairs. This can take considerably more time and can be more complicated and expensive than putting an LPA in place in advance.
An LPA allows you to make those decisions yourself, while you are able to do so, rather than leaving your family to deal with the situation later.
What if someone has already lost capacity?
A Lasting Power of Attorney can only be made while the person creating it still has the mental capacity to understand what they are doing.
If someone has already lost capacity and there is no valid Power of Attorney in place, it may be necessary for a family member or another suitable person to apply to the Court of Protection to become their Deputy.
Fonseca Law can also advise and assist with Court of Protection and Deputyship applications.
Registering your Lasting Power of Attorney
An LPA must be registered with the Office of the Public Guardian before it can be used.
We can prepare the documentation with you, make sure it properly reflects your wishes and deal with the registration process on your behalf.
Getting the document right at the outset is important. Mistakes or unclear instructions can cause delays during registration or difficulties when your attorneys eventually need to use it.
Existing Enduring Powers of Attorney
Before Lasting Powers of Attorney were introduced, it was possible to make an Enduring Power of Attorney, or EPA.
It is no longer possible to create a new EPA, but an existing valid EPA made before October 2007 can still be used. Different rules apply to these documents, particularly if the person who made the EPA is losing or has lost mental capacity.
If you already have an Enduring Power of Attorney and are unsure whether it remains suitable, we can advise you on your options.
Planning ahead
Making a Lasting Power of Attorney is often considered alongside making or updating a Will.
The two documents perform very different roles: your Will deals with what happens to your estate after your death, while an LPA allows people you have chosen to help manage your affairs during your lifetime.
We can review both together and help make sure that your arrangements properly reflect what you want to happen in the future.
How we can help
We understand that conversations about losing the ability to make your own decisions can feel difficult. Our approach is straightforward and practical.
We will explain the process in plain English, help you consider who should act for you and how they should make decisions, prepare the necessary documents and deal with registration with the Office of the Public Guardian.
If it's difficult for you to visit our office, we can also discuss arrangements for seeing you at home.
Get in touch with us today to find out how we can help you put the right arrangements in place.