LEGAL EAGLE: The power to make decisions for you – if you no longer can

A Lasting Power of Attorney (LPA) is a legal document which allows you to appoint someone, known as an attorney, and gives them legal authority to make decisions on your behalf should you lose capacity to make decisions in the future.
By The Newsroom
Published 15th Feb 2022, 00:00 BST
To make an LPA, you must have mental capacity at the time you sign the document.To make an LPA, you must have mental capacity at the time you sign the document.
To make an LPA, you must have mental capacity at the time you sign the document.

These decisions can be in relation to either your property and finances or health and welfare.

Who can I appoint as my Attorney?

You can appoint anyone over the age of 18, who has mental capacity. Your attorney does not need any legal experience, it can be your partner, family member, friend, or a professional.

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There is no limit to the number of people you can appoint as your attorney. If you have more than one attorney, you can decide whether they act jointly meaning permission from all attorneys is needed before acting on your instructions, or jointly and severally, meaning each attorney can act together or on their own.

What is meant by Mental Capacity?

To make an LPA, you must have mental capacity at the time you sign the document. Mental capacity is the ability to understand information in order to make your own decisions, it can sometimes mean the ability to communicate these decisions. Therefore, at the time of making and signing the LPA you must understand the concept of handing over responsibility of your affairs to your attorney(s).

What does an LPA for my health and welfare mean?

This means that your attorney can make decision about your healthcare, treatment and living arrangements should you lose capacity to make those decisions yourself.

What does an LPA for my finances mean?

This means that your attorney can deal with all your property and financial assets.

When does an LPA take effect?

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A health and welfare LPA only comes into effect once you have lost capacity.

A financial LPA can come into effect before you lose the ability to make your own decisions. However, you must give permission for your attorney to make these decisions. If you do not provide permission your LPA will come into effect once you have lost capacity.

Ben Hoare Bell LLP regularly advises people making Lasting Powers of Attorney or Deputyships. If you would like further advice, please do not hesitate to get in touch with our Court of Protection Team on 0191 565 3112 or email [email protected]. Visit www.benhoarebell.co.uk for further information.