Lasting Powers of Attorney

A Lasting Power of Attorney (LPA) is a legally binding document that empowers you to designate one or more individuals to act on your behalf. This is particularly valuable in situations involving accidents, illnesses, or times when you are unable to make crucial decisions promptly. To create an LPA, it’s imperative that you possess the mental capacity, emphasising the importance of proactive planning.

There are two distinct types of LPA: one pertaining to your property and financial affairs, and the other addressing your health and welfare.

The LPA for property and financial affairs encompasses matters such as handling your bills, collecting pensions or benefits, and managing your bank accounts. Moreover, it grants the authority to sell your property, if the need arises, all under the trusted guidance of your appointed attorney.

On the other hand, the health and welfare LPA pertains to vital decisions regarding your medical treatment, including life-sustaining interventions and care. It also encompasses choices concerning your daily routine and residence in the event that you require care or assistance.

The question arises, why is a Lasting Power of Attorney essential? The primary reason is to maintain autonomy over your life, ensuring that your loved ones can make decisions on your behalf when circumstances dictate that you have lost ‘mental capacity.’ Common causes for such loss of capacity can include conditions like Alzheimer’s or dementia. These illnesses can progressively impair your ability to make critical decisions, underscoring the necessity of designating someone to act on your behalf.

The selection of your attorney is a matter of personal choice. However, it should be someone you trust wholeheartedly, who has your best interests at heart. This individual can be a family member or a trusted friend. You can appoint multiple attorneys. It is crucial that your chosen attorney comprehends your wishes and accepts the responsibility should the LPA come into effect.

Possessing a Lasting Power of Attorney provides the assurance that in times of adversity, essential decisions are not entrusted to a stranger, but to a trusted individual whom you know and rely upon.