By creating a Lasting Power of Attorney (LPA) document, you can choose who will deal with your affairs and make decisions on your behalf, if you become unable to.
You can only create an LPA if you have mental capacity. Mental Capacity can be lost over a period of time through conditions such as Alzheimer’s or suddenly if you are involved in an accident or suffer from a sudden medical condition such as a stroke. It is never to early to put this document in place as it gives immediate protection as well as peace of mind.
If you lose capacity and have not put an LPA in place, the Court of Protection will need to a appoint a Deputy for you. This procedure is more costly and takes longer than making your own LPAs which contain your own choices and decisions as to who can act on your behalf.
There are two types of LPA:
- A Property and Financial Affairs LPA allows you to name Attorneys to deal with all your property and financial assets in England and Wales. The LPA can be restricted so it can only be used if you were to lose mental capacity, or it can be used more widely, such as if you suffer from illness, have mobility issues, or if you spend time outside the UK.
- A Health and Welfare LPA allows you to name Attorneys to make decisions about your healthcare, treatments and living arrangements, if you lose the ability to make those decisions yourself. Unlike the Property and Financial Affairs LPA, this document will only ever become effective if you lack the mental capacity to make decisions about your health and welfare for yourself.
We are experienced in helping people apply for LPA and choosing who would be the best person to act on their behalf. Get in touch with us if we can help.