Following on from our very successful seminar on estate planning, it became clear that there is a general lack of knowledge about the importance of having a Lasting Power of Attorney (LPA).

Darren Norman of Watermark Legal Services provided valuable insight into the problems that can be encountered if no LPA is in place.

A lasting power of attorney (LPA) is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf.

This gives you more control over what happens to you if you have an accident or an illness and can’t make your own decisions (you ‘lack mental capacity’).

You must be 18 or over and have mental capacity (the ability to make your own decisions) when you make your LPA.

There are 2 types of LPA:

  • health and welfare
  • property and financial affairs

You can choose to make one type or both.

There’s a different process in Scotland and Northern Ireland.

Health and welfare lasting power of attorney

Use this LPA to give an attorney the power to make decisions about things like:

  • your daily routine, for example washing, dressing, eating
  • medical care
  • moving into a care home
  • life-sustaining treatment

It can only be used when you’re unable to make your own decisions.

Property and financial affairs lasting power of attorney

Use this LPA to give an attorney the power to make decisions about money and property for you, for example:

  • managing a bank or building society account
  • paying bills
  • collecting benefits or a pension
  • selling your home

It can be used as soon as it’s registered, with your permission.

Contact us if you require any further information.