Making a Lasting Power of Attorney

Lasting Powers of Attorney (LPA) were introduced to replace Enduring Power of Attorneys in October 2007. The purpose of an LPA is to allow a person to give permission to another to act on their behalf should they lose the ability to make those decisions themselves. As people live longer they have become more aware of the potential risks associated with conditions like Alzheimer’s or stroke and as such wish to take precautions, should they no longer have mental capacity.

A Lasting Power of Attorney provides an individual with the opportunity to be empowered to continue to have a say about their life, even if they now lack capacity.

There are two types of LPA:

Property and Affairs LPA – Covering who has a right to make decisions relating to a donor’s finances and property.

Personal Welfare LPA – This relates to decision around medical matters, decisions relating to welfare, for example a decision around where a person resides and in some cases decisions about end of life treatment options.

When creating a power of attorney the donor has the choice to name one of several individuals to make decisions on their behalf. If several people are appointed this may be for decisions in separate areas or more than one appointee may be required to decide together on a choice effecting one or more area of that person’s life. In many cases a power of attorney is a close family member is chosen to act as a representative when a LPA is made however an attorney does not need to be related to donor.

The Benefits of Making a LPA Property and Affairs

The LPA property and affairs can either become active at point where the donor no longer has mental capacity or if the donor wishes it may come into effect immediately allowing the appointed attorney to assist them with the management of their finances and property. Once the LPA is active the attorney is able to deal with the donors banks and pay bills including those relating to taxes. The attorney may, on behalf of the donor, make gifts and can collect and spend benefits. Please note that the level of spending on gifts is subject to safeguards to prevent potential fraud and any decisions relating to finance or property must be carried out in line with the donor best interests.

Lawson Taylor Solicitors are experienced in helping individuals and families to prepare Lasting Power of Attorney documentation and can give advice and support to ensure that the agreement is adequate to cover decisions that are important to that person and that their wishes are accurately recorded in the LPA.