Examples of when a Lasting Power of Attorney may be appropriate

Mrs A is going into hospital for elective surgery, but knows there is a risk of complications - she had strong views on her medical care and would like to specifically authorise her chosen attorneys to make decisions about end of life treatment on her behalf should she be unable to provide her input. An LPA would enable her attorneys to provide guidance, in accordance with her wishes, to her medical practitioners within the scope of the authority provided.

The Children of Mr B are concerned his dementia is getting worse and want to ensure his finances are dealt with in accordance with his wishes rather than the Court of Protection - Both an EPA and an LPA could deal with this situation. Unless there is a specific requirement for a Care Plan, it is likely to be preferable to make an EPA now.

Mr C is a Director and shareholder of a company and wants to plan for the future. He doesn’t want to make specifications at this stage for any future personal/medical care although he may reconsider in future. He could make two EPAs, in the first he could appoint a business associate/his trusted accountant to deal with specifically his company affairs and in the second he could appoint his wife and adult children jointly to look after his other personal assets including matrimonial home and private investments.

Miss D made a living will in 1998, she has already made an EPA with regards her finances but would now like to give legal formality to her wishes with regards her medical care should she be unable to decide for herself. From 1 October she can make an LPA clearly stating her wishes, she can also review her existing EPA within the LPA although the EPA unless revoked would continue to have legal effect on a stand alone basis.

Mrs E, an elderly widow, is house ridden due to her physical fragility. She has a Home Help twice weekly who assists her with shopping and some household duties. She is finding managing her finances increasingly struggling and is seeking further assistance on a day to day basis. She has few visitors whom she can trust but welcomes the company nonetheless. Her only child lives 200 miles away and is concerned that she is vulnerable to financial abuse. She could appoint a local solicitor to act independently and impartially as her attorney under an EPA to manage her finances ensuring that all benefits and pensions are received and that her bills are paid on time.

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