Lasting Powers of Attorney: Make the Choice. Don't Take the Chance

Feb 06, 2015

‘Make the choice. Don’t take the chance’ is the key message of this month’s ‘Planning for the Future campaign’.

The campaign has been launched by the Ministry of Justice to encourage younger people to consider creating LPAs in addition to drafting Wills. A spokesperson for the campaign said “We want people to view LPAs as an important part of planning for their family’s future”.

Our Team advises clients of all ages in relation to the creation and registration of Lasting Powers of Attorney. We generally find that the most convenient time to consider them in place is when creating or reviewing your Will.

Additional LPA Info:

What is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document in which you appoint one or more people (known as ‘Attorneys’) to help you make decisions, or to make decisions on your behalf, when you lack the mental capacity to make the decisions yourself.

Once registered, the Lasting Power of Attorney gives your Attorney(s) the legal right to act on your behalf.

What Types of Lasting Powers of Attorney are there?

There are two kinds of Lasting Power of Attorney:

Health and Welfare

Dealing with Health and Welfare decisions such as:
  • Consenting to, or refusing medical treatment 
  • Deciding where you live 
  • Deciding your diet, dress and daily routine 
  • Deciding what care you require 
Health and Welfare decisions may be taken by your Attorney(s) only when you lack the capacity to make such decisions yourself. 

Property and Financial Affairs 

Dealing with Property and Financial Affairs decisions such as:
  • Collecting your income and benefits
  • Dealing with your bank accounts
  • Selling or purchasing property
  • Paying your bills
  • Dealing with your tax affairs 
Property and Financial Affairs decisions may be taken by your Attorney(s) whilst you still have the ability to do these things but choose not to. 


The ‘Best Interest’ Principle

Both Lasting Powers of Attorney require your Attorney(s) to act in your best interests and always consider whether you should or can be involved in the decision making.

Why should you have a Lasting Power of Attorney?

A Lasting Power of Attorney allows you to plan the decisions you want to be made on your behalf if/when you lose the capacity to make those decisions yourself; who should make these decisions; and how those people should make these decisions.

Lasting Powers of Attorneys are essentially an ‘Insurance Policy’; they allow you to plan for the future, should you be in a position when you cannot or do not wish to make your own decisions. 

Sarah Browne

About the author

Sarah Browne

Sarah joined Nockolds in 2010 and is a Principal Associate in our Wills, Probate, Tax and Trusts Team. Before joining the firm Sarah studied English Literature ...

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