Lasting Powers of Attorney | What are they and why should you have them?

Lasting Powers of Attorney (LPAs) are legal documents in which you appoint people that you trust to make decisions on your behalf should you be unable to do so. This can be a family member or a friend.

The person making the LPA is referred to as the Donor and the people appointed are referred to as Attorneys.

Types of LPAs

There are two different types of LPAs:

1. Property and Financial Affairs

   This allows your Attorneys to make decisions in relation to your property and financial affairs. For example, they would be able to arrange payment of any bills, have access to your bank account and sell your property should they need to.

   Once registered and with your consent, your Attorneys can start to help in making these decisions before you have lost the capacity to do so. However, this does not mean you cannot continue to manage these decisions should you wish to.

2. Health and Welfare

   This allows your Attorneys to make decisions in relation to your healthcare and welfare. This covers things such as arranging GP and hospital appointments, deciding where you live and even your diet. You also have the option to give your Attorneys the authority to make life-sustaining treatment decisions.

   Once this LPA is registered, your Attorneys can only use it where you are unable to make decisions in relation to your health and welfare which differs from the finance and property LPA.

What happens if you don't have an LPA?

If you do not make LPAs and you lose the capacity to make decisions for yourself then your affairs become the responsibility of the Office of the Public Guardian and it sits under the jurisdiction of the Court of Protection. The Court of Protection can appoint a Deputy to act on your behalf which is much more onerous than acting as an attorney. It can take in excess of 12 months to have a Deputy appointed and it is a more expensive process than creating LPAs. To find out more information about appointing a Deputy and the Court of Protection please click here.

It is therefore cheaper and easier to create LPAs than going through the Court of Protection process. It also allows your Attorneys to make important decisions as soon as you need them to instead of having to wait for the Court to appoint a Deputy.

By making LPAs you are appointing people that you trust and know you to make decisions for you rather than the state or whomever they deem appropriate when appointing a Deputy.

You can only make LPAs whilst you have mental capacity which is why it is important to consider making them before you need them and it’s too late.

For further information and access to our handy guide click here.

How can Hegarty help?

There may be a time when you need someone to help you manage your property and affairs or personal welfare. This could be due to age, ill health or a loss of capacity. We can help you to plan for the future by putting a suitable Lasting Power of Attorney in place which lets you appoint someone to make decisions on your behalf.

Our experienced team can guide you through your options and ensure your affairs are managed according to your wishes. Contact us today for legal advice that you can count on.