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

Mental Capacity

Mental capacity is the ability to make decisions for yourself. People who cannot do this are said to ‘lack capacity’. This might be due to illness, injury, a learning disability, or mental health problems that affect the way their brain works.

LPAs allow your attorneys whom you have chosen ahead of time to make certain decisions for you.

Types of Lasting Power of Attorneys

There are two types of LPA:

1. LPA for financial decisions

This allows your attorney to deal with your property and finances, as you specify. A Property and Financial Affairs LPA can be used by your attorneys whilst you retain capacity, with your consent.

An LPA for financial decisions can cover things such as:

• buying and selling property
• paying the mortgage
• investing money
• paying bills
• arranging repairs to property.

2. LPA for health and care decisions

This allows your attorney to make welfare and healthcare decisions on your behalf, but only if you lack mental capacity to do so yourself.

An LPA for health and care decisions can cover things such as:

• where you should live
• your medical care
• what you should eat
• who you should have contact with
• what kind of social activities you should take part in.
• You can also give special permission for your attorney to make decisions about life-saving treatment.

You are only able to make a Lasting Power of Attorney when you have the mental capacity to do so. You will need a certificate provider to confirm your capacity at the time of making an LPA. If you’re not able to, then a friend, partner or family member can apply to the Court of Protection to be appointed as a Deputy. However, this process is timely and more costly than making LPAs furthermore it is the Court discretion as to who to appoint and this may not be the person you would have chosen.

A common mistake people make is that they assume if they are married on in a civil partnership that their spouse would automatically be able to make the above decision on their behalf. This is not true and without a registered LPA they do not have the authority to act on your behalf.

When and why should you make an LPA?

There is a stigmatism that an LPA is only needed in older age. Unfortunately, this is not the case. None of us know what the future hold and a person may be left mentally incapacitated or diagnosed with a serious illness at any stage in life.

An LPA can give you a sense of security that should anything happen to you, and you lose mental capacity, a person or persons of your choosing, will be able to act on your behalf knowing what your wishes would have been.

How can we help?

We have the experience and expertise to help you make a Lasting Power of Attorney, which will allow loved ones to make decisions on your behalf should you lose the mental capacity to do so.

If you want to talk to us about making a Lasting Power of Attorney, please don’t hesitate to get in contact with us.

We can prepare documents on a fixed fee basis so you can be sure of the costs involved:

There is a Court Fee which is currently £82.00 for each LPA that is payable to the Office of the Public Guardian to register it. This is charged in addition to our fees set out above.

Contact our Lasting Power of Attorney Lawyers Essex & North-East London

Contact our Lasting Power of Attorney Lawyers for free, no obligation advice as to what you need.