What is it?
If in the future you are unable to make decisions for yourself – known as lacking ‘mental capacity’, you can officially appoint someone you trust. This gives them the right to make decisions on your behalf.
The person given the power, known as the attorney, must be over 18 years old.
There are two types of LPA’s:
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Property and financial affairs – it restricts the appointed person to only deal with managing property matters for the properties you specify being dealt with by him/her. You can also opt to appoint someone to manage all or certain aspects of your finances.
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Health and welfare – this type can only be enforceable after you have lost your mental capacity. The individual you appoint may be required to make decisions on your day-to-day well-being or your treatments based on the care you require.
How does having an LPA benefit you?
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In the event you are unable to make decisions, only your attorney will be able to make them on your behalf. This would be assuring for you that decisions will be made in your best interests.
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It is a tool to help you plan for the future. It can be time saving and less onerous in situations where you no longer have the capacity to authorise someone.
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The attorney can only act in accordance with the terms of the LPA.
Practical considerations
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Your appointed attorney can only act under the LPA if it has been registered with the Office of the Public Guardian by you. If you lose capacity before registration, your attorney can apply to have it registered on your behalf. Although registration can take a minimum of six weeks to be effective.
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Ensure the responsibilities of your attorney have been clearly set out. If there are specific aspects that you do not wish for the attorney to deal with, ensure these restrictions are clearly indicated.
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Illnesses that may prevent you from decision making are dementia, mental health problems, brain injuries, alcohol or drug mis-use, or side effects of medical treatment. Where you are diagnosed with either of these you may want to give serious consideration to implementing an LPA before it is too late.
Whether you are considering an LPA or would like general guidance, speak to our team members on 020 3745 7271 or email us your query to info@carterbondwills.co.uk
Disclaimer
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