Lasting Powers of Attorney – don’t leave it too late

I looked up Lasting Powers of Attorney after reading about them in the Sunday papers this weekend. It seems to me that anyone caring for an older relative or friend should at least consider whether they will at some stage need one to help them manage their legal, financial and health affairs.

There are two different types of LPA, both of which must be registered at the Office of the Public Guardian.

A property and financial affairs LPA enables the attorney to make decisions about property and affairs at a time when someone either lacks the mental capacity to take those decisions themselves or where it might be easier for someone else to take on responsibilities such as paying bills, collecting income and benefits or selling the family home.

A personal welfare LPA, on the other hand, can only be used when the person giving the LPA becomes mentally incapable of making decisions about their own welfare, because for example the onset of a condition such as dementia. It allows the attorney to make decisions such as where the person lives and can also include the power for the attorney to give or refuse consent to medical treatment.

Anyone aged 18 or over can make an LPA appointing one or more attorneys to make decisions on their behalf but only provided that they have the capacity to do so. This means that it is something best dealt with early on rather than when matters have reached a crisis point.

For more information, visit: www.publicguardian.gov.uk