What is a Lasting Power of Attorney (LPA) and Why Do I Need One?

A Lasting Power of Attorney (LPA) is a “signed and sealed” document that enables another individual (the ‘Attorney’) to make decisions of a specified nature on your behalf. Under the law in England and Wales, there are two entirely separate categories of LPA.

Health and Welfare

A Health and Welfare LPA only comes into force if you lose the capacity to make decisions for yourself. This could be due to disease, temporary serious illness, a prolonged state of unconsciousness or a simple inability to communicate or determine your own wishes.

In these circumstances, your appointed Attorney (who is generally not your solicitor, but a trusted friend or family member) can make these decisions on your behalf as they relate to your personal health or living situation. For example, in a case that your consent was required to begin specific medical treatment for a condition that had diminished your capacity, your Attorney could consent on your behalf.

Property and Financial Affairs

Much like the Health and Welfare LPA, this type of LPA automatically comes into effect once you have lost capacity. Additionally, however, you can also activate it intentionally at any time if you wish for your named Attorney to begin managing your financial affairs immediately.

This LPA allows for the continued management of your estate where you are no longer capable of managing it yourself, or where it is desirable that someone else assist with that burden.

Why should I register an LPA?

Without a registered LPA, nobody (not even a spouse!) is permitted to make decisions on your behalf if you lose capacity. This can lead to unexpected and undesirable consequences to your life, particularly if the decisions that need to be made are time critical.

In order to gain the ‘Power of Attorney’ without an LPA, an individual must apply to the Court of Protection to be granted the status of your Attorney without your consent. This process can take a significant amount of time (up to 6 months, in some cases) and require the payment of expensive legal fees that cannot be drawn from your estate.

As such, we recommend that everyone register an LPA at the same time as creating their Last Will and Testament. If you would like to learn more about the process of appointing someone you trust as your Attorney, or would like to begin the process today, contact us on 0117 214 0228 or via email at info@bristolwillwriting.co.uk.