Are you wondering if you should make a Lasting Power of Attorney?
A Lasting Power of Attorney is an important document that allows you to choose a person or persons (called your “attorney(s)”) to manage your affairs and make decisions on your behalf, primarily, should you lack the “mental capacity” to make those decisions for yourself.
Mental capacity for this purpose is described as the ability to make a specific decision at the time that it needs to be made.
There are two types of Lasting Power of Attorney; one that deals with property and financial affairs and one that deals with health and welfare.
You can choose to make either one or both types of Lasting Power of Attorney.
Making a property and financial LPA
A property and financial affairs power of attorney will be able to assist with matters relating to your personal finances; such as your bank accounts, payment of bills, benefit entitlements and decisions relating to your property etc.
A property and financial affairs power of attorney has the potential to be very flexible as you can choose whether it can be used by your attorney(s) as soon as it is registered or only if you lose mental capacity. One significant benefit to the power of attorney being able to be used as soon as it is registered is that you could then authorise your attorney(s) to use it whilst you have mental capacity but may not have physical capacity, for example if you are in hospital or unable to get out of the house.
Making a health and welfare LPA
A health and welfare power of attorney will be able to assist with matters relating to your care; such as decisions about potential care homes, help and support at home and day to day care e.g. your diet, medication, daily routine etc. A health and welfare power of attorney requires you to make a very important choice as to whether or not you wish for your attorney(s) to be able to make decisions on your behalf regarding life sustaining treatment should you lack mental capacity.
This is often considered to be very significant to individuals making this type of power of attorney as it is a way for you to exert some control over who has a say in this fundamental decision which may offer you some peace of mind for the future. In contrast to a property and financial affairs power of attorney however, a health and welfare power of attorney can only be used by your attorney(s) if you lose mental capacity and not before. It is considered that until that time, whilst you are able to do so, you should be responsible for making those important decisions for yourself.
Unless you can predict the future, you should choose to plan ahead with an LPA
It might be that you don’t think that you need to make a Lasting Power of Attorney now but you should bear in mind that you can only enter into a power of attorney whilst you have mental capacity. As nothing is certain in life, it is advisable to consider entering into one, or both types of power of attorney sooner rather than later.
This will provide peace of mind for you and your family that plans are in place for the future. The absence of a power of attorney could lead to your loved ones experiencing significant, time consuming and often expensive difficulties should you lose mental capacity, which could potentially be avoided by planning ahead now.
Think of a Lasting Power of Attorney as an insurance, much like with our car insurance, we hope to never need it but we are certainly glad it is there if we do!
Our Wills, Trusts and Probate team can assist you with the making of Lasting Powers of Attorney. Contact us today on 0113 320 5000 for more information or to answer any questions you may have.
Evening appointments are available on Wednesdays 5.30pm until 7.30pm so you have time to make your will or LPA. Booking essential!
