Lasting Powers of Attorney: why should you make them?

March 23, 2021

Lasting Power of Attorney (“LPA”) documents allow you, as the Donor, to appoint people that you trust to look after your affairs and make decisions on your behalf when you are no longer able to or no longer wish to do so.   

There are two types of Lasting Powers of Attorney:

1        Property and financial affairs,

2        Health and welfare.

How can LPAs be used?

The property and financial LPA gives your Attorneys the ability to deal with your finances on your behalf.  For example, your Attorneys can manage your bank accounts, investments and your income, sell your property (if necessary) and deal with your tax affairs.

The health and welfare LPA allows your Attorneys to make decisions on your behalf such as the type of care that you receive and where you receive it, this could be at home or in a nursing home.  Attorneys can also make medical decisions which could include consenting to or refusing small operations to life sustaining treatment.

When can they be used?

The property and financial LPA can be used as soon as it has been registered, or when you have lost mental capacity, developed an illness such as dementia, or if you reach an age where you no longer wish to deal with your affairs.

The LPA for health and welfare can be used only if you have lost mental capacity, your Attorneys can then discuss your health and welfare decisions with doctors, social workers, and other health care professionals to make decisions on your behalf.

Who can you appoint as an Attorney?

You should carefully consider who you appoint as your Attorneys.  You can appoint more than one person and should appoint people that you trust to deal with your affairs and that would make decisions for you based on your best interests.  The role of an Attorney is a significant responsibility, and you must choose Attorneys who would be able to act appropriately.

Anyone that is over the age of 18 can act as your Attorney.  You may appoint any family members, friends or a legal professional to act on your behalf. 

Wallace Robinson & Morgan Limited are based in Solihull and Dorridge and serve clients across Birmingham and the West Midlands, Warwickshire, Worcestershire and further afield. Our team of Private Client Lawyers are happy to help if you would like advice about making an LPA.

If you would like to discuss your matter, please call 0121 705 7571 and ask to speak to a member of the Will and Probate team or email us at w&p@wallacerobinson.co.uk.

This article is for general information purposes only. It does not constitute technical, financial, legal advice or any other type of professional advice and is no substitute for specific advice based on your individual circumstances. We do not accept responsibility or liability for any actions taken based on the information in this article. For more information, please click here.