Why are LPA's required?

Wendy Scarr B.A. (Hons) TEP
0113 320 5000
wills@winstonsolicitors.co.uk

Though not all people prepare a will, most agree with the belief that they should write one to ensure that their loved ones are provided for when they die.

An Lasting Powers of Attorney is similar, it can ensure that those caring for people who are left mentally incapable of making decisions can be in control of that person’s finances.

The consequence of not preparing an LPA could mean that a mentally incapable person’s loved ones would have to make an application to the Court of Protection to be appointed as a “deputy”, to be able to access their finances. This can be a long as well as a costly process. Those with no close relatives would have an Independent Mental Capacity Adviser appointed by the court.

Therefore, to avoid the risk of involving the Court of Protection, the potential donor can appoint somebody they trust to become their attorney under their LPA, giving them the right to look after specific aspects of their financial matters or their health concerns once they have lost the mental capacity to do so.