Taunton and South Somerset Living Apr - May 2020

WHAT IS A LASTING POWER OF ATTORNEY?
A Lasting Power of Attorney (LPA) allows you to nominate a person to make decisions
and take actions on your behalf if you lose the mental capacity to do so yourself in the
future, or if you no longer want to make decisions
It is important to choose someone you trust implicitly to look
after your affairs and act in your best interests. This might be
one or more members of your family, a friend, or a solicitor.
There are two types of LPA:
A Property & Financial Affairs LPA does exactly what it says and
authorises your Attorneys to deal with financial matters including
selling your house and access to your bank accounts to take
care of your financial responsibilities such as paying your bills.
A Health & Welfare LPA indicates how you would wish to be
cared for if you were no longer able to make those decisions
yourself. These decisions might include living arrangements,
personal welfare and health care.
You can have one or both types of LPA. They are independent of
each other and you may appoint different Attorneys.
Why do I need a Lasting Power of Attorney?
They are invaluable documents for adults of any age. Anyone
can become physically or mentally incapable as a result of an
unanticipated illness or a serious accident regardless of
their age.
A spouse, partner, or next of kin are not automatically entitled
to deal with your bank account or able to make decisions about
your health care if you lose the ability to do so. Without an LPA
they do not have such authority. It is a wise precaution to have
appointed Attorneys that you trust to take important actions on
your behalf should the need arise.
Can I restrict an Attorney’s powers?
Yes, you can give as wide or restrictive powers as you like and it
can be set up to allow Attorneys to
deal with all decisions, or just specific matters of your choice.
For example, you may wish not to give your Attorneys authority
over particular assets.
When can an Attorney act?
An Attorney can only start to act once the LPA is registered at
the Office of the Public Guardian, but once they do start to act
must always do so in your best interests.
It can be registered at any time, whether immediately after
the document has been completed, or later, when the need
to use it arises. Registration of the LPA does not mean that
you have lost capacity. You can continue to make decisions,
despite registration, until such time as capacity is lost and your
Attorneys should continue to consult you whilst you are able to
express your own opinion about decisions.
What happens without a Power of Attorney?
If you become incapacitated without this type of provision in
place, then no one would have the authority to sort out your
financial affairs or make decisions about your care and someone
(not necessarily the person you would choose) would need
to apply to the Court of Protection to be legally appointed to
manage your affairs through a Deputyship Order. This process is
substantially more expensive, takes longer and is less flexible for
the person appointed.