Are you prepared for the unexpected?
From a long-term illness to a hospital stay, we never know what life may throw at us.
If something happens to you or someone close, Lasting Powers of Attorney (“LPAs”) give you flexibility, reassurance and protect your interests if you’re unable to make decisions or act on your own behalf.
What are LPAs, how do they work and why get them in place now?
What is a Lasting Power of Attorney?
You’ll grant a Lasting Power of Attorney to appoint trusted representatives – perhaps close family members or friends – to act on your behalf and make decisions in respect of your health, welfare, property and finances in the event that you’re unable to do so yourself.
Your appointed representatives – or attorneys – can access your finances, deal with your property and make decisions relating to your health and care in the event that you lose the physical or mental capacity to look after your own affairs.
Why might I need to grant Lasting Powers of Attorney?
There are many circumstances where LPAs are invaluable, for example:
- If you become unwell, how will you take care of day-to-day tasks such as paying bills or notifying the bank?
- If you become more seriously unwell or lose the ability to make decisions yourself, is someone you trust able to make decisions about your care?
- If you are diagnosed – either now or in the future – with a condition such as dementia or with a long-term health condition, will someone close to you be able to make decisions on your behalf regarding your care and welfare?
When should I think about granting Powers of Attorney?
You don’t need to be older or unwell to need the security that LPAs give you. How would you take care of your affairs if you had an accident or found yourself in hospital?
There’s no time like the present – we recommend granting LPAs to people of all ages.
What types of Lasting Power of Attorney can I grant?
There are two types of LPA:
- Property & Financial Affairs LPA: Your attorneys can deal with financial affairs, such as paying bills and dealing with your bank, buy and sell property, and make investments for you.
- Health & Welfare LPA: Your attorneys can make decisions such as where you’ll live, determine the medical care you should receive, the people you should interact with, diet, washing and dressing needs.
How can I protect myself when granting LPAs?
You may choose to limit the actions an attorney may take, or grant attorney over all decisions. Your attorney must keep records and accounts when dealing with your financial affairs, and keep your money separate to their own.
Your Health & Welfare LPA may include specific instructions that you wish your attorney to follow, and you will also choose whether your attorney should make decisions about provision of life-sustaining treatment.
It’s important to appoint attorneys you trust. They do not need to be family members, just people that you trust to make decisions that are in your best interests. The Office of the Public Guardian supervises the LPA system, and takes action against anyone who may be abusing their position as an attorney.
What happens if I don’t grant any LPAs?
Without LPAs, important decisions about your personal affairs may not be made by people you trust, or who have your best interests at heart. When your wishes are unclear, it’s harder for those close to you to make decisions, and they may not be able to make any decisions without an expensive and time-consuming Deputyship Order.
LPAs are cost-effective, time-saving and help those close to you understand – and act on – your best wishes.
This article has been prepared by Adroit Legal Services and is not intended to constitute legal advice.
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Practical bereavement support from the National Bereavement Service
The National Bereavement Service supports anyone who has experienced a bereavement, including sudden or traumatic bereavement, with practical and emotional information and advice from professional bereavement advisors with real, lived experience.
We help you to comply with legal requirements, signpost you to providers such as funeral directors and solicitors, and provide a listening ear that helps you through a very difficult time.
For personal, confidential, and practical help following a bereavement, or for advice when planning your future, call the NBS on 0800 0246 121 or visit www.thenbs.org
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Trusted legal support for your people by Adroit Legal Services
Established in 2015, Adroit connects your people and your customer base to quality-assured, affordable and accessible legal services from trusted and experienced experts.
Legal specialists throughout the UK are tried and tested, delivering honest advice whatever stage of life you’re at to protect your interests, family and wellbeing.
Adroit’s panel of advisors, including estate planning and LPA specialists, offers a free initial consultation and discounted rates to make legal services accessible to everyone that’s important to your organisation.
