Lasting Powers of Attorney (LPA)

A Lasting Power of Attorney is one of the most important legal documents you can put in place. Not only because of what it does today, but because of what it makes possible if you need help in the future.

An LPA allows you to choose people you trust to manage your finances or make health decisions on your behalf if you lose the ability to do so yourself. That might be because of lose of capacity, illness, an accident, an injury or simply because you need help managing your affairs.

Without an LPA, that authority does not automatically pass to anyone, not your spouse, not your children, not your closest friend.

The important point is that an LPA must be made while you still have the mental capacity to make it. Once that capacity has been lost, the process is considerably more complicated.

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What Is a Lasting Power of Attorney?

An LPA is a legal document registered with the Office of the Public Guardian that allows you to appoint one or more people, known as Attorneys, to act on your behalf.

There are two types. Most people benefit from having both.

Property and Financial Affairs LPA

Covers your money and property. Depending on the authority you give your attorneys, they may be able to:

· Manage your bank and building society accounts.

· Pay bills and deal with your regular financial commitments.

· Manage investments.

· Deal with your property.

· Buy or sell property on your behalf.

· Deal with banks, pension providers and other financial organisations.

· Manage your financial affairs if you become unable to do so yourself.

A Property and Financial Affairs LPA can generally be used once it has been registered, subject to any instructions or restrictions you have included.

Health and Welfare LPA

A Health and Welfare LPA covers decisions about your personal welfare if you lose mental capacity.

Depending on the authority you give your attorneys, this can include decisions about:

· Where you live and the care you receive.

· Your day-to-day care and personal welfare.

· Medical treatment.

· Who provides your care.

· In appropriate circumstances, whether life-sustaining treatment should be given or withdrawn.

A Health and Welfare LPA can only be used when you lack the mental capacity to make the relevant decision yourself.

Putting one in place means you have chosen who you want to make those decisions, rather than leaving your family to navigate the position without that authority.

Why Now Matters

An LPA can only be made while you have mental capacity to understand and make the relevant decisions. Capacity can be lost unexpectantly - through dementia, a stroke, an accident or anything else, the opportunity to create one then closes. If you lose capacity without having made an LPA, your family cannot simply step into your shoes.

Instead, they may need to apply to the Court of Protection for a Deputyship Order. Deputyship is a more involved process. It can take significantly longer than making an LPA, involves additional costs and ongoing responsibilities, and ultimately means the Court of Protection decides who is appointed as your Deputy. With an LPA, you choose your Attorneys while you still have the capacity to do so. Putting an LPA in place while everything is calm and there is no immediate pressure gives you greater control over who can act for you and how they should do so. The earlier you put LPA’s in place, the more likely it is to be on your terms.

If Someone Has Already Lost Capacity

If someone has already lost mental capacity and does not have a valid LPA in place, it is too late to make one. The alternative may be an application to the Court of Protection for a Deputyship Order. This process is more involved than making an LPA, but there is still a route forward. We can advise you about deputyship and, where appropriate, assist with the application and ongoing requirements.

Setting Up an LPA

The process has several stages.

We will help you:

· Decide which type or types of LPA you need.

· Choose your attorneys and, if appropriate, replacement attorneys.

· Decide whether attorneys should act jointly or jointly and severally.

· Consider any instructions or restrictions you want to include.

· Prepare the LPA documents.

· Complete the signing process correctly.

· Arrange registration with the Office of the Public Guardian.

Registration currently takes several weeks. The LPA has no legal effect until registration is complete, which is one reason to start the process sooner rather than when the conversation becomes urgent.

Setting up both LPAs together at the same appointment is generally more efficient.

Who Should Be Your Attorney?

Your Attorney should be someone you trust completely, who is willing to take on the role and who understands what it involves.

It is a meaningful responsibility. An Attorney managing your finances does so on your behalf and in your best interests. They must keep your money separate from theirs, keep records and be

accountable for the decisions they make. An Attorney making health decisions must follow your previously expressed wishes where they know them and act in your best interests where they do not.

An Attorney does not have to be legally trained. They need to be trustworthy, organised and willing to take the role seriously. We can talk you through the options and help you decide who is appropriate.

LPA and Your Will

An LPA and a Will deal with two different stages in your life. Your LPA operates during your lifetime. Your Will deals with what happens after you pass away.

An attorney’s authority under an LPA ends when you die. Your Executors then take responsibility for administering your estate in accordance with your Will.

Both documents form an important part of sensible planning.

If you are making or reviewing your Will, we can advise you about LPAs at the same time.

Your Questions,

Get in Touch

An LPA is one of the most practical steps you can take to plan for the future. It gives you the opportunity to choose the people you trust to help manage your affairs and make important decisions if you are unable to do so yourself. You do not need to wait until there is a problem. The process starts with a conversation. Our team can explain your options, answer your questions and guide you through the process from start to finish. Contact Pepperells today to arrange an appointment.