Appoint someone you trust to be your voice!

If you were to lose mental capacity or unable to make your own decisions, who would you

want to make key decisions for you?

We can help you appoint someone you trust to be your voice.

What is Lasting Power of Attorney?

An LPA is a document under which you can appoint one or more persons to make decisions on your behalf during your lifetime. The persons you appoint to manage your affairs are called attorneys. It’s a completely separate legal document to your will, although many people put these in place at the same time as getting their will written, as part of planning for the future.

What does a lasting power of attorney cover?

There are two types of LPA.

A health and welfare LPA allows your attorney to make decisions about your medical treatment and day-to-day care. This can include where you live, what you eat, what medical treatment you receive and who you see.

A financial decisions LPA: allows your attorney to treat (and make decisions about) your money and property. This includes paying your bills, selling your property, collecting your pension, and collecting your benefits.

Property and Financial Affairs

What sort of things can this type of LPA cover?

• Paying your mortgage or remortgaging your home
• Arranging repairs or renovations
• Buying, selling and leasing property
• Paying your household expenses and utility bills
• Managing your tax affairs
• Investing money
• Claiming or receiving benefits, allowances or pension credits
• Opening, closing and managing your bank or building society accounts
• Paying for private medical care and residential care costs

Your attorney can use this type of LPA as soon as it’s registered with the Office of the Public Guardian. You can choose, however, to restrict the LPA so that your attorney can only use it once you lose mental capacity.

Health and Welfare

What decisions can your attorney make?

• Where you should live
• Day-to-day decisions, such as what you eat or what clothes you wear
• Who you should have contact with
• What kind of social activities you would want to take part in
• Where and when you should go on holiday
• How you are cared for on a daily basis
• Your medical care and treatments, including end-of-life care

You can also give your attorney special permission, if you wish, to make decisions about life-saving treatment.

Unlike a Property and Financial Affairs LPA, this type of LPA can only be used if you lose the mental capacity to make your own decisions.

What happens if you don’t have a Lasting Power of Attorney?

If you lose capacity, your loved ones will be stuck. They won’t be able to access your bank accounts, manage your property, or have a say in decisions about your health or social care.

They would need to apply to the Court of Protection for an order appointing them as a deputy.

This is a complicated process. It takes time and will cost a lot more money compared with making a Lasting Power of Attorney – not just to set up, but also in annual fees.

Nearly 10 times as much.

Applying for an LPA, there would only be costs for you. But if a loved one has to apply to become your deputy, there would be costs for both of you.

How much longer would it take?

If you have an LPA in place when you lose capacity, your attorney (or attorneys) can immediately step in to look after your finances and make key decisions about your care. Without an LPA, it could take as long as 9 months before they can act on your behalf.

It’s also far more onerous to be a deputy than an attorney. They have more ongoing obligations. These include sending an annual deputy report to the Office of the Public

Guardian.

But there’s another risk.
When the Court appoints your deputy, there’s no guarantee it would be the person you would have chosen to make decisions for you. That’s why it makes sense to take matters into your own hands now.

How does an LPA work?

If you ever become unable to express your wishes, an LPA enables someone to step in and make decisions for you about your health and care or your finances. These important decisions will be made by someone you choose and trust, and you can choose the right type of LPA for your circumstances.

Without an LPA, if you need someone to step in and manage your finances in the future, their only option will be to apply for a deputyship order through the court. This can be a costly, complex and lengthy process. If you have an LPA, it can take effect as soon as it’s needed, meaning your chosen attorney can step in straight away.

Once your LPA is in place, you can have peace of mind that someone you trust can look after your affairs if you’re ever unable to yourself, because of an illness or accident.

Your LPA can include instructions for your attorney, as well as your general preferences, to help them make the right choices for you. Your LPA should reflect your wishes so you know that the things that matter most would be taken care of.