A lasting power of attorney (LPA) is a legal document that lets you appoint one or more people to make decisions on your behalf, should you lack mental capacity to make your own decisions in the future.
Who would you like to look after your affairs if you were unable?
Many people care for or know of someone who is caring for a person with Alzheimer's or dementia.
There are around 850,000 people with dementia in the UK, of whom 40,000 are under 65.
This number is forecast to exceed one million by 2025 according to the Alzheimer’s Society.
So it is more important than ever to plan ahead to lessen the burden on relatives should you lose mental capacity in the future. A lasting power of attorney (LPA) is a legal way to give another individual the legal authority to make decisions on your behalf should you not have the capacity to do so. This is not just for the elderly; younger people may also become incapacitated through illness or even an accident.
Before it's too late Make a Lasting Power of Attorney
A lasting power of attorney can only be made whilst you still have the mental capacity to make that decission. Once you have lost mental capacity your family will have to apply to the court of protection for them to become your ‘deputy’ and make decisions on your behalf. This is a very timely and costly process and the powers a deputy has are limited compared to those of the lasting power of attorney.
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Two Types of Lasting Power of Attorney
- one that deals with your finances
- another that deals with your health
LPA for your Health and Welfare
Making a lasting power of attorney for health and welfare allows your chosen attorney to make decisions in your best interests such as; giving or refusing certain types of medical care as well as the choice of your care home.
- Choice of care home
With an LPA for health and welfare, your loved ones are able to move you to a different care home if they do not feel you are being looked after. - Life-sustaining treatment
Your family, rather than doctors, are able to make a decision regarding life-sustaining treatment, based on what you have written in your LPA. - Daily routine
You can specify guidance in your LPA regarding your preferred daily routine, dress, and diet for your attorney’s to follow.
LPA for your Property and Finances
This allows your attorney to operate your bank accounts, sell your property and claim benefits to use on your behalf. It is important for those with joint assets such as a home or joint bank accounts.
- Accessing bank accounts
Your attorney will be able to access bank accounts and pay bills on your behalf. If you do not have an LPA for finance your partner may be left unable to access joint bank accounts. - Accessing your benefits
An LPA will allow your chosen attorney to continue to access your pensions and other benefits on your behalf to pay for things in your best interests. - Selling your home
Should you require care in the future you will be unable to sell your home to fund care fees unless you have full mental capacity. By making an LPA you can give authority to a trusted person to do this for you, ensuring they can access money from your home to pay for the best possible care for you.