Lasting Power of Attorney (LPA): Your Guide to Protecting the Future
Planning for the future isn't just about finances or what happens when you're gone. It's also about protecting yourself and ensuring your wishes are respected if you are ever unable to make decisions for yourself. A Lasting Power of Attorney (LPA) is one of the most important legal documents you can create to safeguard your future.
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What is a Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney (LPA) is a legal document that lets you (the 'donor') appoint one or more people you trust (known as 'attorneys') to make decisions on your behalf. This gives you control over what happens if you have an accident or an illness and can't make your own decisions, for example, due to dementia, a stroke, or a serious injury. An LPA can only be made while you still have the mental capacity to do so.
The Two Types of LPA
There are two distinct types of LPA, and you can choose to make one or both.
Health and Welfare LPA
This covers decisions about your personal life, including your daily routine, medical care, moving into a care home, and refusing life-sustaining treatment.
This type of LPA can only be used when you are unable to make your own decisions.
Property and Financial Affairs LPA
This covers decisions about your money and property, including managing bank accounts, paying bills, collecting pensions, and selling your home.
This can be used as soon as it's registered (with your permission) or held until you lose capacity.
How Do You Choose an Attorney?
Choosing your attorney(s) is the most important decision in this process. You must appoint someone you trust completely to act in your best interests.
- You can appoint a spouse, partner, relative, friend, or a professional, such as a solicitor.
- You can appoint more than one attorney. You must decide if they will make decisions 'jointly' (all must agree) or 'jointly and severally' (they can act together or independently).
- You should also consider naming replacement attorneys in case your first choice is unable to act.
Why Plan Ahead? The Risks of Losing Capacity Without an LPA
If you lose mental capacity without an LPA in place, your loved ones cannot automatically access your finances or make decisions about your care. Your bank accounts may be frozen, and bills can go unpaid.
Your family would have to apply to the **Court of Protection** for a Deputyship Order. This process is extremely slow, very expensive, and far more intrusive than creating an LPA in advance. Planning ahead with an LPA saves your family immense stress and cost.
How Wildings Solicitors Can Help
An LPA is a powerful document, and mistakes in the drafting or signing process can render it invalid. As specialist SRA-regulated solicitors, we ensure the entire process is handled correctly.
- We provide expert advice on choosing the right type of LPA for your needs.
- We guide you on selecting the most appropriate attorneys.
- We professionally draft the legal documents to ensure they are robust and reflect your wishes precisely.
- We handle the formal registration process with the Office of the Public Guardian.
Protect Your Future Today
Creating a Lasting Power of Attorney is a fundamental part of responsible estate planning. It ensures your affairs are managed by people you trust, no matter what happens. Contact our team today for a confidential discussion.
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