A Lasting Power of Attorney (LPA) is a legal document in which you can choose somebody that you trust to make decisions on your behalf. There are two types of LPA, one for Property and Financial Affairs and one for Health and Welfare.
The LPA for Property and Financial Affairs can be used whilst you still have mental capacity or because you lack mental capacity and can be used by your Attorney to deal with your financial affairs, for example, paying your bills, operating your bank accounts or selling your home.
The LPA for Health and Welfare can only be used if you have lost mental capacity and will give your Attorney the ability to make decisions about matters such as where you live, who you see, medical treatment and care arrangements.
You should not assume that your spouse or a close relative would be able to deal with your bank accounts, property, pensions or make decisions about healthcare if you lose mental capacity to do so. It is often the case that a LPA will be required and if you have lost mental capacity you will not be able to put one in place.
We can assist you with the preparation of an LPA for Property and Financial Affairs and/or Health and Welfare and if you are interested in seeking professional advice, please contact us to discuss your situation further.