Making Decisions On Your Behalf

While we don’t tend to consciously think about it due to the emotional nature of it, many of us will reach a stage in life where we may lose the physical and/or mental capacity to make decisions for our finance and welfare.

An LPA helps to prepare you if such a time should ever come, to ensure your decisions are carried out in a way that reflects your choices by someone you trust.

There are a variety of reasons why you may need someone to make decisions for you, both in terms of your health and welfare, and in terms of your finances. These reasons include:

• You may be going for a stay in the hospital and need help with everyday things such as making sure that bills are paid and keeping on top of things in your home

• You may need to make more long-term plans if, for example, you have been diagnosed with dementia and know you will be unable to care for yourself at some point in the future

An attorney’s role holds a great deal of responsibility, and they may someday essentially have your life in their hands, so it is important that you make the right decisions when choosing your attorney(s). This includes deciding who you trust enough to act on your behalf, to what powers you should give them.

Whether you’re seeking to appoint your attorney(s) or you are an attorney for someone, we can help you with any questions you may have or any services you may require. This can be an emotional time regardless of your circumstances, and we’re here to make sure you receive a professional service from our experienced solicitors.

You may wonder why you need an LPA if you already have a Will. A Will is there to ensure your wishes are carried out after your death, and only comes into effect then. Your attorney protects you and carries out your wishes during your lifetime.

There are two types of Power of Attorney: Health & Welfare LPA and Property & Financial Affairs LPA.

Property And Financial Affairs LPA

Use this LPA to give an attorney the power to make decisions about money and property for you, for example:

• Managing a bank or building society account

• Paying bills

• Collecting benefits or a pension

• Selling your home and other assets

This type of LPA comes into effect as soon as it’s registered, as long as you want them to.

You can only prepare LPAs when you have the mental capacity to do so. Your friends or family do not automatically have the legal authority to manage your affairs if you suffer an accident or you have lost mental capacity due to deteriorating mental illness, and you may wish for someone else entirely to be your attorney.

If it is too late and you did not create an LPA in time, your family or friends will have to make an application to the Court. This will be to decide upon who can manage your affairs on your behalf, but this can be expensive and time consuming. 

Your attorneys cannot do whatever they like, they must act in your best interests, which you may choose to go through with them regularly.

Both types of LPA need to be registered with the Office of the Public Guardian before they can be used.