Lasting power of attorney

A lasting power of attorney (LPA) is a way of giving someone you trust, your attorney, the legal authority to make decisions on your behalf if you lose mental capacity at some point in the future, or if you no longer want to make decisions for yourself.

There are two types of LPA:

• property and financial affairs
• health and welfare

You can choose to make one type or both.

A property and financial affairs LPA allows your attorney(s) to look after your financial affairs for you.

Your attorney will be able to:

• pay your bills
• run your bank and savings accounts
• buy or sell your house
• collecting benefits or a pension
• make or sell your investments.

The Property and financial affairs LPA can be used while you still have mental capacity or you can state that you only want it to come into force if you lose mental capacity.  

A health and welfare LPA allows your attorney to make decisions for you about matters such as:

• medical care
• life-sustaining treatment
• how you should be looked after if you are in a hospital or care home,
• day to day matters such as your diet and daily routine.

A health and welfare LPA can only be used once you have lost mental capacity.

A lasting power of attorney cannot be used until it is registered with the Office of the Public Guardian.

A health and welfare LPA can only be used once you have lost mental capacity.

A Property and financial affairs LPA can be used can be used as soon as it's registered, with your permission.

Office of the Public Guardian website: www.gov.uk/government/organisations/office-of-the-public-guardian

The benefits of a lasting power of attorney are that:

• You ensure that your affairs are carried out by those you love and trust.
• You can plan ahead of how your health, wellbeing and financial affairs should be looked after.
• Your attorney(s) must follow the Code of Practice of the Mental Capacity Act 2005 and act in your best interests at all times.
• It is a legal document that all banks and financial bodies will accept. For example, without the legal status of a health and care decisions LPA, relatives trying to challenge a local authority about the level or extent of care services being provided for an elderly relative who lacks capacity may find it difficult to insist on attending meetings.

A lasting power of attorney should be made while you have mental capacity.

Mental capacity can be lost at any time, and not just by a mental illness such as dementia. Simple things - a bump on the head, a fall or even a car accident take people by surprise.

Not having an LPA in place is a much more costly and time consuming process both financially and emotionally.

A lasting power of attorney can be made by anyone aged 18 or over.

If you do not have an LPA and lose mental capacity it may become necessary for someone to make decisions about your welfare or finances.

In these circumstances your attorney (called 'proposed deputy') will have to apply to the Court of Protection to be named as a deputy enabling them to make decisions on your behalf.

The Court of Protection will decide whether the applicant should be granted the Power of Attorney, or whether professional attorneys should handle your affairs instead.

Court of Protection website: www.gov.uk/courts-tribunals/court-of-protection