As many now live longer more people are having Lasting Powers of Attorney (“LPAs”) prepared so that a relative or close friend can be appointed as their Attorney and make decisions on their behalf. This might be only when you have lost capacity or when you just need a little help. It's possible to lose mental capacity at any age due to accident or illness, but it is more common in your later years especially if you suffer from Alzheimer’s Disease, stroke or similar illnesses (please note that if a person has already lost mental capacity, they will not be able to make an LPA.)
Types of Lasting Power of Attorney
- Property & Financial – this covers decisions about paying bills, applying for welfare benefits, dealing with care home fees, investing savings and buying or selling property. You can also decide when this type of LPA becomes effective, i.e. either from the date it is registered with the Office of the Public Guardian (“OPG”) or only when you have lost mental capacity.
- Health & Welfare – this deals with such matters as the treatment, care or medication you should receive and where you wish to live (i.e. stay in your own home or move to a residential care home). This type of LPA only becomes effective when you lose mental capacity and can no longer make these decisions for yourself.
You can include guidance or put restrictions on how your Attorney should use the LPA as well as decide how your attorneys should make decisions between them if you have appointed more than one attorney.
Part of the process of making an LPA is that a certificate provider confirms that they are satisfied that you have the relevant mental capacity (i.e. ability) to make an LPA and that you are not under any pressure to do so. We will act as your certificate provider as part of our service.
Once signed by all of the relevant parties, the LPA is sent to the Office of Public Guardian to be registered. At present, they are taking around 4-5 months to register the LPAs and return them. If you still have mental capacity once your LPA has been registered, your Attorney still has to consult you about any decisions and they are legally required to act in your best interests at all times.
LPA’s might seem as expense that perhaps you could do without right now but they are without a doubt far less expensive and easier than applying to the Court of Protection which is the procedure required if an LPA hasn't been made before mental capacity has been lost.
If you have any questions about making an LPA or a Court of Protection application, or would like to make an appointment please contact Tina Dennison-Wiggins at tina@fairstep.co.uk and 01394277941. Alternatively fill out our contact form, and we would be happy to discuss your requirements in further detail.
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