Many people are concerned about what will happen to them in later life in the event that they cannot make decisions for themselves due to loss of mental capacity. With a growing elderly population, people are more aware of the possible effects of Alzheimer’s, dementia, strokes and degenerative illnesses which can cause a loss of mental capacity. There are also other conditions such as brain injuries, serious accidents or mental health problems which can affect people at any age, and which can cause temporary or permanent loss of mental capacity.

A Lasting Power of Attorney (LPA) is a legal document which provides the opportunity for a person to have a say in their future care, and to state what medical treatment they would want or not want, as well as appointing someone to look after their property and finances.

By setting up a Lasting Power of Attorney, you are able to choose someone you trust to deal with your affairs. If you do not have a Lasting Power of Attorney in place and you later lose mental capacity, then someone will need to apply to the Court of Protection to become entitled to manage your affairs and this may not be the person you would have chosen yourself. The procedure for applying to the Court of Protection can also be lengthy and expensive.

There are two types of Lasting Powers of Attorney – one covers Financial Decisions and the other deals with your Health and Welfare. You can choose to make both or either one.

Property and Financial Affairs

A Property and Financial LPA allows you to choose an Attorney(s) to manage and make important decisions about your financial affairs such as operating your bank accounts, paying bills, dealing with pensions and investments, buying and selling property and dealing with nursing home fees etc.

Health and Welfare

A Health and Welfare LPA allows you to choose an Attorney(s) to make decisions about your health and welfare which can range from where you live, your day-to-day care, what medication you receive and decisions about life sustaining treatment. Your Attorney(s) can only make health and welfare decisions for you when you no longer have the mental capacity to make those decisions for yourself. Having a health and welfare LPA in place allows your family/friends to become involved in important care and health decisions at an anxious and difficult time.