
A Lasting Power of Attorney (LPA) is a legal document where one person gives someone else power to make decisions for them if they can’t make those decisions themselves.
There are 2 different types of LPA, one for finances and one for health. A LPA for your finances includes the power to pay bills and day to day management of money if you can’t do this for yourself. It can include the power to buy and sell property and deal with investments and pensions. Don’t think you suddenly give up control of your money and property – you don’t. You choose when your LPA is used and whether your LPA is used either before, or only when or if, you lose mental capacity.
A LPA for health comes into effect if you lose the capacity to make decisions for yourself, it cannot be used while you are able to make your own decisions. A LPA for health allows someone you trust to make decisions about things like where you will live, your medical care and treatment, what you eat and what kind of activities you should take part in, but only if you can’t make those decisions. You can give your chosen person the power to make decisions about life-sustaining treatment, including whether to refuse or consent to any sort of treatment that will keep you alive or end your life.
5 reasons to make a LPA now:
1. LPAs are not just for the elderly – any person at any time can suddenly be taken ill or be incapacitated and not able to make decisions for themselves, it is not limited to age;
2. Who will make sure the bills are paid at home if you had a fall, an accident at work, a car accident or a sudden stroke? Making a LPA will ensure that bills remain paid, accounts don’t fall into arrears and children and other dependents are provided for without difficulty or delay;
3. Without a LPA in place someone would need to be appointed by the Court to act for you. This person would need to volunteer and might not be who you would choose or trust and it could be that social services will apply if there are care fees that need to be paid. A Court application is a long and expensive process. A LPA is cheaper and quicker and can be put in place before you need it, like an insurance policy for your affairs and decisions where you can control who is in charge;
4. Without a LPA even your husband or wife wouldn’t be able to do your banking or speak to anyone about your bills – even marriage does not give the right to deal with another person’s accounts where the accounts are in your sole name;
5. Your end of life wishes may not be carried out without a LPA for your health. Even a husband, wife or child may not be able to make decisions about life-support and ensure that your wishes are followed. A LPA gives them the power to make end of life decisions if you can’t. Many people think that making a LPA means you suddenly give up your decision making powers to someone else – this is certainly not the case. Our solicitors understand the process of making and registering a LPA and will make sure that your wishes are followed and that your LPA will be valid if the time comes when you need it. We will explain the process of making your LPA in a way that is easy to understand and make the process simple.
We will:
• Complete the LPA forms on your behalf and make sure your LPA is valid;
• Register your LPA with the Office of the Public Guardian;
• Advise on the best people to act on your behalf;
• Advise your attorneys on their duties and responsibilities;
• Provide you with reassurance that the right people will be able to make decisions on your behalf if the time comes when you are unable to do this for yourself.
20-22 Leek Road, Stockton Brook, Stoke on Trent. ST9 9NN
Mon – Fri: 9.00 am – 5:00 pm
Sign up to news, articles, and resources as they become available.