During difficult times, it may be challenging to make choices that are best for you. A Lasting Power of Attorney (LPA) gives you control over how your affairs are managed even when you are unable to.

What is a Lasting Power of Attorney?

An LPA is a document that gives an appointed individual the ability to make decisions on your behalf if you do not have mental capacity. To create a valid LPA, you must be over the age of 18 years old, and you must have mental capacity at the time the LPA is created.

Your chosen trusted individual would be able to manage your affairs on your behalf and make decisions in line with your preferences or instructions. The LPA must reflect which decisions you wish the individual to have control over.

Why do I need a Lasting Power of Attorney?

An LPA is beneficial for many reasons.

One advantage of an LPA is that you retain some control. You can appoint an Attorney or several, to action your wishes. This person will be chosen by you and therefore you are free to appoint a family member or a friend that knows you best. If you do appoint an Attorney, an LPA will also allow you to limit their powers through the use of preferences and instructions.

Management duties that require urgent attention could be addressed immediately as your Attorney could step in straightaway after the LPA has been registered. Most importantly, you have clarity, and peace of mind as to how your affairs will be dealt with.

What happens if I don't have a Lasting Power of Attorney?

If you are deemed to not have the capacity and there is not an LPA in place, the process for managing your affairs will be different. In the absence of an LPA, your family would have to apply to the Court of Protection for a Deputy to be appointed to manage your affairs. The Deputy is nominated by the Court and can be appointed to deal with your affairs similarly as an LPA would.

A deputyship application can be lengthy and expensive. Often, it takes a significant amount of time for the application to be processed especially as permission from the Court is required to deal with financial, property and health and welfare affairs. This can lead to prolonged distress and concern for your family and loved ones.

Our team has vast experience in creating LPAs to ensure you have peace of mind that your families and relatives will have the power to manage your affairs.