What do I need to think about when making a Lasting Power of Attorney?

When making a Lasting Power of Attorney (LPA), you need to make a number of decisions to ensure that the LPA is right for you. Midwinters Partner, Mark Lynham (mark.lynham@midwinters.co.uk ), explains what questions you need to ask yourself:

 

There are two types of LPA – the first covers Financial and Property decisions and another which covers Health and Care decisions. They are mutually exclusive and so you cannot use a Financial LPA to make decisions about Health matters.

 

The two types are broadly similar but with some important differences. For both types, you can:

 

  • appoint one or more attorneys to act for you,
  • you can decide how you want them to act (either together or together and separately),
  • you can appoint substitute attorneys who might be needed in case an original attorney is no longer able to act (due to death or incapacity); and,
  • you can nominate people to receive notice of the fact that you are making and registering an LPA.

 

Both types also need someone to act as a certificate provider, usually a solicitor, a doctor or close family friend. Their role is to confirm that you have capacity to make an LPA.

 

The main differences between the two types of LPA are that, unlike a Health and Care LPA, you can provide for a Financial and Property LPA to come into effect and be used even whilst you retain mental capacity. This can be very useful if, for example, you remain mentally capable but have physical difficulties which prevent you doing things like going to the bank.

 

A Health and Care LPA only even comes into effect if you were to lose mental capacity in the future.

 

Another important difference is that when you make a Health and Care LPA, you must also decide whether you wish to give your Attorneys the ability to make decisions about Life Sustaining Treatment, should the need for such a decision ever arise.

 

Once executed, both types of LPA need to be registered with the Office of the Public Guardian before they can be used.

 

 

This is a brief summary of the issues to consider when making an LPA.

At Midwinters, we can offer an obligation-free initial appointment and can tailor our services to suit your particular circumstances. Please call us on 01242 514 674 to discuss further.