Lasting power of attorney

Overview

A lasting power of attorney (LPA) is a legal document that lets you (the ‘donor’) appoint people (known as ‘attorneys’) to make decisions on your behalf. It could be used if you became unable to make your own decisions.

There are 2 types of lasting power of attorney:

  • health and welfare
  • property and financial affairs

You can choose to make one type or both. You must be 18 or over and have mental capacity – the ability to make your own decisions – when you make your lasting power of attorney.

Why should I make an LPA?

In our view, this question should really be why shouldn’t I make both types of  LPA?

If you have made a Will, it can be assumed that you care about what will happen to your assets and wealth after you die.
Therefore, should it not follow that you ought to care even more about looking after your interests (both personally and financially) whilst you’re alive?
Health and welfare lasting power of attorney
This allows you to choose one person or more to make decisions about things like:

  • your daily routine (eg eating and what to wear)
  • medical care
  • moving into a care home
  • life-sustaining treatment

This type of lasting power of attorney can only be used when you’re unable to make your own decisions.

Property and financial affairs lasting power of attorney

This lets you choose one person or more to make decisions about money and property eg:

  • managing your investments and instructing an adviser
  • paying bills, collecting benefits and dealing with your bank
  • selling your home

This type of lasting power of attorney can be used as soon as it’s registered, with your permission.