A lasting power of attorney is a legal document that a person can use to appoint someone that they know and that they can trust to make decisions for them should they not be able to in the future. This could be due to illness or this could be due to old age.
Regardless of the reason, this person will be known as an attorney and will ensure that any decisions they make or actions that they take are done so in the best interest of the person who appointed them.
There are two main types of LPA that you can appoint and each one is going to be given that responsibility for a different reason. To understand why, let’s take a look at each one in more detail.
Health and Welfare LPA
A Health and Welfare LPA will be appointed when they have been registered with the Office of the Public Guardian and will be the result of the donor (the person appointing them) losing their mental capacity.
A Health and Welfare LPA will take control of a variety of things. This includes:
- Day to day decisions which includes dietary requirements and exercise
- Decisions relating to medical care
- Life sustaining treatment
- Whether or not they require relocation into a care home or a sheltered accommodation
Property and Financial Affairs LPA
Another form of LPA is a Property and Financial Affairs LPA also needs to be registered with the OPG. Unlike a Health and Welfare LPA, this type of LPA is not due to ill health and therefore the rights on what they can make decisions on can be restricted by the donor.
Some of the things that this type of LPA can monitor are:
- Managing your bank accounts and managing investments
- Paying any bills
- Collecting any income or benefits
- Making decisions that are related to your home including selling your home
Who should you choose?
The main thing you should do when you choose an attorney is ensure that it is someone who you can trust and that you know will take proper care of your estate and any decisions that relate to your care when you cannot make decisions for yourself.
In order to make the decision of who will be an attorney you need to be over the age of 18 and it must be decided that you are of sound mind. In order to ascertain this it is going to be checked whether or not you understand what an LPA is, who you want to be your LPA and why you have come to that decision.
This means that it is important to make the decision on who will act as your LPA as early on as you can, especially if you have had a recent diagnosis of dementia or another condition that could impact your mental state later on in life.
It is easy enough to appoint someone as your LPA, so, if you think that this is something that you may need, even further on in the future, then make sure that you do it before it is too late.