Lasting Power of Attorney (LPA)

What is a Lasting Power of Attorney (LPA)?

Lasting Power of AttorneyWhat is a Lasting Power of Attorney and should you have one in place?  At some point in the future you may not be able to make your own decisions.  A Lasting Power of Attorney allows you to appoint someone to make decisions on your behalf.  There are separate LPAs for financial affairs and for health and welfare.  They can only be set up by you whilst you can understand what you are doing.

What might happen if I don't have a lasting power of attorney in place?

If you become unable to make your own decisions, things can become very complicated for your loved ones.  Those looking after you may need to go through the Court of Protection to deal with your affairs.  The BBC One Show video below shows how hard things became for Heather Bateman managing her husband's affairs.

Can I choose what powers I grant?

LPAs are powerful legal documents.  It is important that you think carefully and seek advice about what powers you grant and to whom.  You can choose to give an attorney the power to make decisions about money and property for you.  This would include managing your bank account, paying bills, selling your home etc.  You can also give an attorney the power to make decisions about your health and welfare.  This would include  things like your medical care, your daily routine (eg washing, dressing, eating), moving into a care home etc.

How do I make a lasting power of attorney?

You can set up a power of attorney yourself, to find out more visit the Office of the Public Guardian website. However it can be complicated and you might find it easier to ask for help from someone like Sarah Lowther at Langdale Wills.  Sarah has written wills and set up lasting power of attorney for several of the Gardiner's office team and our clients.  The initial consultation is free of charge and the cost for preparing the documents is less than you might think.