Power of Attorney

Who needs a Lasting Power of Attorney?

In the event of you becoming either mentally or physically incapable of managing your own affairs, you can appoint one or more people (usually family members) to be an Attorney to take care of your affairs on your behalf. A Lasting Power of Attorney can either be in respect of property and financial affairs or health and welfare.

What are the benefits of a Lasting Power of Attorney?

• It puts you in control
• You can plan ahead
• You can decide how much authority you give to the Attorney
• You can decide whether to impose any restrictions on the Attorney
• You will have the reassurance that someone you trust will make decisions for your benefit
• It will reduce future problems and expense if a Deputy has to be appointed
• It can prompt discussions with your family about your future wishes

Knowing you'll be looked after

Sadly many of us may reach a point when we are no longer mentally capable of looking after our affairs. As well as dementia, injury or illness may affect our ability to look after our welfare or finances.

Protecting your interests

You can appoint up to 5 people you trust as 'attorneys' to look after your affairs. Attorneys are bound by law to protect your interests, using your assets for your benefit alone. They must always act in your best interests and follow any instructions you give them about making decisions. LPAs should normally be registered with the Office of the Public Guardian before they become effective. After signing a lasting power of attorney, you still have absolute control of the decisions that affect you and your life until the document is registered.

Court of Protection applications

The Court of Protection is responsible for making decisions on financial or welfare matters for people who can’t make decisions at the time they need to be made (they ‘lack mental capacity’). If a person lacks capacity and does not have an LPA in place we can help by applying to appoint a deputy at the Court of Protection.

A Personal Welfare Lasting Power of Attorney

This allows you to plan ahead by choosing one or more people to make decisions on your behalf regarding your personal healthcare and welfare. These personal welfare decisions can only be taken b y somebody else when you lack the capacity to make them for yourself; for example, if you are unconscious or because of the onset of a condition such as dementia.

The Attorney(s) you appoint to make personal welfare decisions will only be able to use this power once the (LPA) has been registered and provided that you cannot make the required decision for yourself. You can decide to give your Attorney the power to make decisions about any or all of your personal welfare matters, including healthcare matters. This could involve some significant decisions, such as;

• giving or refusing consent to particular types of health care, including medical treatment. Decisions are getting more important these days, as doctors and consultants are reluctant to make these decisions themselves and leave the final decisions to the attorneys.
• whether you continue to live in your own home, perhaps with help and support from social services, or whether residential care would be more appropriate for you.

If you want your Attorney(s) to have the power to make decisions about 'life-sustaining treatment', you have to expressly give your chosen Attorney(s) the power to make such decisions by completing sections 6 and 12 of the (LPA) form.

You can also give your Attorney(s) the power to make decisions about day-to-day aspects of your personal welfare, such as your diet, your dress, or your daily routine. It is up to you which of these decisions you want to allow your Attorney to make. This type of (LPA) does not allow the person(s) you have chosen (your Attorney) to make decisions about your property and affairs. If you would like someone to be able to make property and affairs decisions on your behalf, you will need to make a Property and Affairs (LPA).

A Property and Affairs Lasting Power of Attorney

This allows you to plan ahead by choosing one or more people to make decisions on your behalf regarding your property and financial affairs. You can appoint a property and affairs Attorney to manage your finances and property whilst you still have capacity as well as when you lack capacity. For example, it may be easier for you to give someone the power to carry out tasks such as paying your bills or collecting your benefits or other income.

This might be easier for lots of reasons: you might find it difficult to get about or to talk on the telephone, or you might be out of the country for long periods of time. You can decide to give your Attorney(s) the power to make decisions about any or all of your property and affairs matters. This could include paying your bills, collecting your benefits or selling your house. This type of (LPA) does not allow the person(s) you have chosen (your Attorney) to make decisions about your personal welfare. If you want someone to be able to make personal welfare decisions on your behalf, you will need to make a Personal Welfare (LPA).