Conditions like dementia can mean we’re no longer able to make decisions. But a lasting power of attorney (LPA) means our voice can go on being heard. Mariya Dimitrova, an associate solicitor in the private client department at Bendles Solicitors, explains why we should have LPAs
We might not like to think about it. But there may come a time when we’re no longer able to make our own decisions, or to communicate them.
A lasting power of attorney (LPA) is a legal document that allows people to appoint an attorney who is authorised to assist them in the future.
There are two types of LPA. They can only be set up if you have mental capacity.
A property and financial affairs LPA covers things like selling your home and paying your bills.
A health and welfare LPA covers things like care and medical treatment. We recommend setting up both types.
The financial affairs LPA can be used whether or not you still have capacity. You don’t have to be poorly. It could be that you’re away a lot or you just don’t want to deal with certain aspects of your day to day life.
The health LPA can be used only if you can’t make a decision, usually because you’re too ill.
For anyone that has assets, we recommend an LPA as well as a will, in case they lose capacity. They tend to be more popular with people whose children are old enough to be their attorneys, because they need to be at least 18.
It’s possible to have someone else act as an attorney in the interim: brothers and sisters, parents, anybody that you trust. Some individuals may not have any close family or prefer not to involve them, choosing a professional attorney ensures your wishes are still protected. Bendles is available to step into this role for you.
If someone has a family history of certain types of condition, for example dementia or Parkinson’s, they should set up an LPA as soon as possible so it’s ready if they’ve lost mental capacity, or just the ability to get to the bank or make phone calls.
People shouldn’t wait until they’re much older to set up LPAs. The registration process takes up to three months, so it’s not something you should start to do when you already need it.
It is possible to do a power of attorney online. But you sometimes need to include specific clauses, which a lay person wouldn’t be able to get right without assistance. It’s always worthwhile speaking to a professional to make sure that the particular power of attorney works in a way that suits their circumstances.
For more information contact Mariya Dimitrova at Bendles Solicitors on 01228 522215, email md@bendlessolicitors.co.uk
