Many people assume that their husband, wife, partner or children would automatically be able to manage things for them if they became unwell or were unable to make important decisions for themselves.
Unfortunately, that is not always the case.
A Lasting Power of Attorney, often shortened to LPA, allows you to choose people you know and trust to make certain decisions on your behalf if you are unable to make those decisions yourself.
It is important to arrange an LPA while you still have the mental capacity to understand the document and make your own choices.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that allows you to appoint one or more trusted people, known as attorneys, to support you or act on your behalf.
You decide who your attorneys will be and what authority they should have.
There are two different types of Lasting Power of Attorney.
Property and Financial Affairs LPA
A Property and Financial Affairs LPA can allow your attorneys to help with matters such as:
- Managing bank and savings accounts
- Paying household bills
- Dealing with pensions and benefits
- Managing investments
- Buying, selling or maintaining property
Health and Welfare LPA
A Health and Welfare LPA can cover decisions relating to:
- Medical treatment
- Care arrangements
- Where you live
- Your daily routine
- Other personal welfare decisions
The two documents cover different areas of your life, which is why many people choose to put both types of LPA in place.
Why should an LPA be arranged before it is needed?
A Lasting Power of Attorney is an important form of forward planning.
Nobody expects to lose the ability to make their own decisions. However, illness, an accident, a stroke or a condition affecting mental capacity can happen unexpectedly and at any age.
Without a valid LPA in place, the people closest to you may not automatically have the legal authority to:
- Access or manage your bank accounts
- Pay bills on your behalf
- Deal with your property
- Speak for you about certain care arrangements
- Make particular decisions about your health and welfare
In some circumstances, a family member may need to apply to the Court of Protection for authority to act. This process can be more time-consuming, expensive and stressful than arranging a Lasting Power of Attorney in advance.
Putting an LPA in place allows you to decide:
- Who you trust to act for you
- Whether you would like to appoint one or more attorneys
- How your attorneys should make decisions
- Whether you wish to include any instructions or preferences
- Who should be informed when your LPA is registered
Most importantly, it helps ensure that the people making decisions for you are the people you have personally chosen.
Does an LPA mean giving up control?
No. Making a Lasting Power of Attorney does not mean immediately handing over control of your life or finances.
You remain able to make your own decisions for as long as you have the capacity to do so.
An LPA is there to provide protection and support if it is ever needed. The way it can be used will also depend on the type of LPA and the choices made within the document.
Who should you choose as an attorney?
Your attorney should be someone you trust to act honestly, carefully and in your best interests.
This could be:
- A husband, wife or partner
- An adult child
- Another relative
- A close and trusted friend
- A suitable professional
It is important to think carefully about whether the person is reliable, understands your wishes and is likely to make sensible decisions on your behalf.
You can appoint more than one attorney and decide whether they should act together, independently, or in a particular combination.
Lasting Power of Attorney home appointments in Rochdale
At Wills & Wishes Legal, I help individuals and families arrange Lasting Powers of Attorney with friendly, clear and straightforward guidance.
Home appointments are available across Rochdale, Heywood, Littleborough, Norden, Bamford and surrounding areas, allowing you to discuss your options in the comfort of your own home.
I am solicitor-trained, have more than 25 years’ experience and am a proud member of the Society of Will Writers. Wills & Wishes Legal has also received more than 200 five-star Google reviews from clients.
My aim is to make the process feel understandable and reassuring, giving you the time and information needed to make the right decisions for yourself and your family.
Plan ahead and stay in control
A Lasting Power of Attorney can be viewed as a safety net. You may hope that it is never needed, but having it in place can make an enormous difference if circumstances change.
By planning ahead, you can choose the people you trust, record your wishes and help make things easier for those closest to you.
For friendly advice about arranging a Lasting Power of Attorney in Rochdale, Heywood, Littleborough or the surrounding areas, please contact Fiona at Wills & Wishes Legal.
Call: 07799 213721
Website: www.willsandwisheslegal.co.uk
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