Life has a way of changing when we least expect it, which is why planning ahead is one of the greatest gifts you can give yourself and your family. A Lasting Power of Attorney is a simple but powerful legal safeguard that ensures your wishes are followed and the people you trust are able to look after you, if you ever become unable to make decisions.
What Is a Lasting Power of Attorney?
A Lasting Power of Attorney, often referred to as LPA, is a legal document that allows you to appoint someone you trust (your attorney) to make decisions for you if you lose what the law calls mental capacity. Mental capacity means being able to understand, weigh up, remember and communicate decisions. If you lose that ability, you are considered unable to make decisions about your financial and wellbeing affairs.
An attorney is someone you choose to act on your behalf. This could be a spouse, partner, child, friend or professional but it is important that you trust this person. You can name multiple people.
There are two different types of LPAs:
- Property and Financial Affairs; and
- Health and Welfare.
Property & Financial Affairs Lasting Power of Attorney
A Property and Financial Affairs LPA allows your attorney to manage your money and property. This can include:
- Selling your home
- Paying your bills or mortgage
- Managing bank accounts
- Arranging repairs or maintenance
You can choose whether this LPA can be used only if you lose capacity, or while you still have capacity (with your permission). It offers flexibility and ensures your finances remain properly managed.
Health & Welfare Lasting Power of Attorney
A Health and Welfare LPA covers decisions about:
- Where you live
- Your medical treatments
- Your daily care and support
- Life-sustaining treatment
Unlike the financial LPA, this document can only be used if you lose mental capacity.
The Myth of “Next of Kin”
One of the most persistent misunderstandings is the belief that your next of kin automatically has the right to make decisions for you if you lose mental capacity. It feels intuitive – surely the people closest to you should be able to step in? But legally, this simply isn’t how it works.
The idea of next of kin is not a legal one. Hospitals may ask for a next of kin contact, and care providers may speak to them, but that does not give them authority to make decisions on your behalf.
The reality is without a LPA, your family has no legal authority to act for you.
A Health and Welfare LPA and a Property and Financial Affairs LPA are the only ways to ensure the people you trust are legally empowered to act for you.
What Happens If You Don’t Have a Lasting Power Attorney
If you become mentally incapacitated, unless you have a valid document in place, nobody will have authority to manage your affairs.
Instead, the family might need to apply to the Court of Protection for a court order. The process takes months. It costs thousands. And there is no guarantee the court will appoint the person you would have chosen.
Why You Should Act Now
LPAs can only be created while you still have the necessary mental capacity, and registration can take up to 20 weeks.
Acting now ensures the people you trust are empowered to step in smoothly, without delay, stress or uncertainty. It’s a simple step today that protects everything that matters tomorrow.
Speak To Our Wills, Trust & Probate Solicitors
Our experience Wills, Trust & Probate team can help you plan ahead with lasting powers of attorney (LPAs), giving you and your family the comfort of knowing that important decisions will always be in safe hands.
Contact us on 0800 118 1500 or complete the form below.
To find out more about or services and how we an support you and your loved ones, get in touch today.