Who would help if you couldn’t manage by yourself?

Some of us may find it uncomfortable thinking about the future and what would happen if we lost mental capacity but turning our minds to it now, may prevent unnecessary distress for our loved ones in the future.

A Lasting Power of Attorney (LPA) is a legal document appointing trusted relatives, friends or professionals to help manage your financial affairs and/or make decisions about your health and welfare if you become unable to make decisions for yourself.

You may be thinking “none of this affects me as I’m perfectly well” but the key thing to remember is, you can only set up LPAs when you have the mental capacity to do so.

There are two types of LPA, one for your property and financial affairs and the other for your health and welfare.

Property and financial affairs LPA - This allows you to choose one or more people to make decisions about money and property; for example, paying bills, collecting benefits, making investments, selling your home. This type of LPA can be used if you lose mental capacity but can also be used before if you give consent.

Health and Welfare LPA - This allows you to choose one or more people to make decisions about things like medical care and moving into a care home. There is also an option to give your attorneys authority to make decisions about life sustaining treatment. A health and welfare LPA can only be used if you lose mental capacity. Both types of LPA need to be registered with the Office of the Public Guardian before they can be used.

A LPA allows you to plan in advance and allows you to maintain some control over decisions other people may have to make for you. It is an important document and you should take great care in choosing your attorney(s). They should be trustworthy and have the necessary skills to make the decisions you are entrusting to them.

If you do not have a LPA, someone may need to apply to the Court of Protection to be able to manage your affairs. This can be a costly and lengthy process and can be very stressful for those involved. You will not have control over who applies to the Court, which may result in someone you would not have chosen being in control.

If you would like any more information about LPAs then please feel free to contact Deanne Ferguson at Benfield Legal on 01273 013353 or email deanne@benfieldlegal.co.uk