Lasting Power of Attorney (LPA)

Who can make an LPA and When can you make an LPA?

Any time is a good time to consider an LPA!

Anyone, at any time, can become incapable to legally manage their own affairs, sometimes temporarily, sometimes permanently, often unexpectedly.

As long as you have mental capacity, it is never too early or too late to consider an LPA.

What is an LPA?

LPAs ensure that if you become mentally incapable your affairs can be managed on your behalf by family or friends or professional advisors – that is, by people you have chosen and appointed yourself.

This ensures that your affairs are dealt with how you want them dealt with.

Subject to certain conditions and safeguards, an LPA remains in force until your death. You might like to think of an LPA as a form of ‘insurance policy’ – something you enter into now and which aims to protect you against problems that might arise in the future.

There are two types of LPA:

Health & Welfare LPA – this deals with decisions regarding your medical treatment, general welfare and any care needs.

• Property & Financial Affairs LPA – this deals with decisions on use of your finances, assets and property you own.

An LPA does not take away from you any ability for you to take decisions regarding your own affairs but simply puts in place provisions for who you would wish to make those decisions for you if you were unable to make them yourself.

What happens if I don’t have an LPA and become legally incapable at managing my affairs?

There is no automatic legal provision to give any person any specific authority to act on your behalf if you were to lose mental capacity for whatever reason.

To get such specific authority a person would have to apply to the Court. That is a costly and potentially lengthy process (significantly more costly than an LPA) and carries ongoing obligations to the Court for that person.

You cannot influence the process (as you no longer have mental capacity) and you have no control over who gets the authority.

Example:

Your money may be frozen until the Court appoints someone to deal with your affairs.

During the time that it takes to complete the process, your affairs are not looked after and bills may not be paid.